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MATTER OF CONWAY v. ARLENE VAN LOAN

2015-09658, Index No. 1346/15.

152 A.D.3d 768 (2017)

2017 NY Slip Op 05819

58 N.Y.S.3d 598

In the Matter of JOSEPH D. CONWAY et al., Appellants, v. ARLENE VAN LOAN, Chairperson, et al., Respondents.

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

Decided July 26, 2017.

Ordered that the judgment is affirmed, with costs.

The petitioners commenced this CPLR article 78 proceeding contending that the determination of the Town of Oyster Bay Zoning Board of Appeals (hereinafter the ZBA) to deny their applications for area variances lacked a rational basis, and was arbitrary and capricious. The Supreme Court denied the petition and dismissed the proceeding, holding that the ZBA had balanced and...

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