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Feldi v. Amster
Citations: 250 A.D.2d 612; 671 N.Y.S.2d 990; 1998 N.Y. App. Div. LEXIS 4902
Court: Appellate Division of the Supreme Court of the State of New York; May 4, 1998; New York; State Appellate Court
In a legal proceeding under CPLR article 78, the petitioners sought to review the Zoning Board of Appeals (ZBA) of the Town of Clarkstown's August 5, 1996 determination, which denied their application for an area variance. The Supreme Court of Rockland County, presided over by Judge Sherwood, ruled on May 1, 1997, to deny the petition and dismiss the proceeding. The petitioners had purchased a parcel of land with a single-family dwelling and applied to subdivide it to construct a second dwelling and a garage. They required variances from Town Law § 280-a regarding public highway frontage and the Zoning Law concerning lot frontage. Following a public hearing, the ZBA unanimously denied their request. The petitioners claimed the ZBA's decision was arbitrary and capricious and lacked substantial evidence. However, the Supreme Court upheld the ZBA's determination, affirming that it was based on substantial evidence and appropriately applied the balancing test from Town Law § 267-b(3)(b). The appellate court concurred with the lower court's ruling, stating that the petitioners' additional arguments were without merit. The judgment was affirmed with costs.