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MATTER OF FAGAN v. COLSON

49 A.D.3d 877 (2008)

856 N.Y.S.2d 153

In the Matter of MICHAEL J. FAGAN, Appellant, v. MARVIN L. COLSON et al., Respondents.

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

Decided March 25, 2008.

Ordered that the judgment is affirmed, with costs.

Contrary to the petitioner's contentions, the findings and conclusions of the respondent Zoning Board of Appeals of the Town of Brookhaven (hereinafter the Board) were amply supported by the evidence in the record, and its determination to deny the substantial variances requested by the petitioner was not arbitrary and capricious (see Matter of Pecoraro v Board of Appeals of Town of Hempstead,

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