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MATTER OF VOMERO v. CITY OF NEW YORK

13 N.Y.3d 840 (2009)

In the Matter of EDWARD J. VOMERO, Appellant, v. CITY OF NEW YORK et al., Respondents.

Court of Appeals of New York.

Decided November 19, 2009.

Attorney(s) appearing for the Case

Samuel L. Scollar, Staten Island, and Marc E. Scollar, for appellant.

Michael A. Cardozo, Corporation Counsel, New York City (Tahirih M. Sadrieh and Edward F.X. Hart of counsel), for City of New York, respondent.

Passarello & LaRosa, Staten Island (John Z. Marangos and Richard A. LaRosa of counsel), for GAC Catering, Inc., respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the judgment of Supreme Court reinstated.

A local zoning board has broad discretion when reviewing an application for a zoning variance, but its determination may be set aside if the record reveals that "the board acted illegally or arbitrarily, or abused its discretion" (Matter of Pecoraro v Board of Appeals of Town of Hempstead,

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