IN THE MATTER OF DREIER v. LAVALLE


29 A.D.3d 790 (2006)

815 N.Y.S.2d 661

In the Matter of JACK DREIER, Doing Business as BUBS DADDY ICE CREAM, et al., Respondents, v. JOHN JAY LAVALLE et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 16, 2006.


Ordered that the judgment is reversed, on the law, with costs, the petition is denied, the proceeding is dismissed on the merits, and the resolutions are reinstated.

In a proceeding pursuant to CPLR article 78 to review the determination of a municipality, "it is well settled that a court may not substitute its judgment for that of the board or body it reviews unless the decision under review is arbitrary and unreasonable and constitutes an abuse of discretion...

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