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MATTER OF JUL-BET ENTERPRISES, LLC v. TOWN BOARD OF TOWN OF RIVERHEAD

48 A.D.3d 567 (2008)

852 N.Y.S.2d 242

In the Matter of JUL-BET ENTERPRISES, LLC, Appellant, v. TOWN BOARD OF TOWN OF RIVERHEAD et al., Respondents.

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

Decided February 13, 2008.

Ordered that the judgment is affirmed, with costs.

In a proceeding pursuant to CPLR article 78 to review the determination of a municipality, "`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'" (Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County,

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