MATTER OF ROSASCO v. VILLAGE OF HEAD OF THE HARBOR


52 A.D.3d 611 (2008)

859 N.Y.S.2d 731

In the Matter of TROY ROSASCO, Respondent, v. VILLAGE OF HEAD OF THE HARBOR et al., Appellants.

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

Decided June 10, 2008.


Ordered that the judgment is affirmed, without costs or disbursements.

"[L]ocal zoning boards have broad discretion in considering applications for area variances and the judicial function in reviewing such decisions is a limited one. Courts may set aside a zoning board determination only where the record reveals that the board acted illegally or arbitrarily, or abused its discretion, or that it merely succumbed to generalized community pressure" (Matter of Pecoraro...

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