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MATTER OF NATHAN v. BD. OF APPEALS OF TOWN OF HEMPSTEAD

2014-08092, 12027/12.

125 A.D.3d 866 (2015)

In the Matter of MARK J. NATHAN et al., Appellants, v. BOARD OF APPEALS OF TOWN OF HEMPSTEAD et al., Respondents.

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

Decided February 18, 2015.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

Judicial review of a zoning board's decision is limited to determining whether the board's determination was "illegal, arbitrary and capricious, or an abuse of discretion" (Matter of Kabro Assoc., LLC v Town of Islip Zoning Bd. of Appeals, 95 A.D.3d 1118, 1119 [2012]; see Matter of Town of Hempstead v Board of Appeals of Town of Hempstead,...

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