MATTER OF BARTOLACCI v. VILLAGE OF TARRYTOWN ZONING BOARD OF APPEALS

2014-07192, Index No. 1326/14.

144 A.D.3d 903 (2016)

2016 NY Slip Op 07643

41 N.Y.S.3d 116

In the Matter of PETER BARTOLACCI, Appellant, v. VILLAGE OF TARRYTOWN ZONING BOARD OF APPEALS, Respondent.

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

Decided November 16, 2016.


Ordered that the judgment is affirmed, with costs.

"In a proceeding pursuant to CPLR article 78 to review a determination of a zoning board of appeals, a zoning board's interpretation of its zoning ordinance is entitled to great deference, and judicial review is generally limited to ascertaining whether the action was illegal, arbitrary and capricious, or an abuse of discretion" (Matter of Brancato v Zoning Bd. of Appeals...

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