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MATTER OF FORTUNATO v. TOWN OF HEMPSTEAD BOARD OF APPEALS

2014-02031, Index No. 10382/13.

134 A.D.3d 825 (2015)

21 N.Y.S.3d 322

2015 NY Slip Op 09102

In the Matter of ANNAMARIE FORTUNATO et al., Appellants, v. TOWN OF HEMPSTEAD BOARD OF APPEALS, Respondent.

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

Decided December 9, 2015.

Ordered that the judgment is affirmed, without costs or disbursements.

"Local zoning boards have broad discretion in considering applications for variances, and judicial review is limited to determining whether the action taken by the board was illegal, arbitrary or an abuse of discretion" (Matter of Ifrah v Utschig, 98 N.Y.2d 304, 308 [2002]; see Matter of Towers v Weiss, 131 A.D.3d 621

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