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MATTER OF JSB ENTERPRISES, LLC v. WRIGHT

2009-11103.

81 A.D.3d 955 (2011)

917 N.Y.S.2d 302

In the Matter of JSB ENTERPRISES, LLC, Appellant, v. GERALD G. WRIGHT, Chairman of the Town of Hempstead Board of Appeals, et al., Respondents.

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

Decided February 22, 2011.

ORDERED that the judgment is affirmed, with costs.

Local zoning boards are vested with broad discretion in considering applications for area variances, and judicial review is limited to determining whether the action taken by the board was illegal, arbitrary and capricious, or an abuse of discretion (see Matter of Pecoraro v Board of Appeals of Town of Hempstead, 2 N.Y.3d 608, 613 [2004]; Matter of Ifrah v Utschig...

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