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MATTER OF 886 FLUSHING AVENUE CORP. v. BOARD OF ZONING APPEALS OF TOWN OF NORTH HEMPSTEAD

2009-06184.

72 A.D.3d 1080 (2010)

899 N.Y.S.2d 374

In the Matter of 886 FLUSHING AVENUE CORP., Appellant, v. BOARD OF ZONING APPEALS OF TOWN OF NORTH HEMPSTEAD, Respondent.

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

Decided April 27, 2010.

Ordered that the judgment is affirmed, with costs.

Local zoning boards have broad discretion in considering applications for variances, and judicial review of a determination denying an area variance is limited to determining whether the action taken by the zoning board was illegal, arbitrary, or an abuse of discretion (see CPLR 7803 [3]; Matter of Gebbie v Mammina, 13 N.Y.3d 728 [2009]; Matter of Genser v...

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