Appellate Division of the Supreme Court of New York, 2001

Sagona v. Roth

Sagona v. Roth
Appellate Division of the Supreme Court of New York · Decided May 21, 2001
283 A.D.2d 582; 724 N.Y.S.2d 904; 2001 N.Y. App. Div. LEXIS 5339
Sagona v. Roth

Opinion of the Court

—In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Zoning Board of Appeals of the Incorporated Village of Massapequa Park, dated August 10, 1999, denying the petitioners’ application for a variance, the appeal is from a judgment of the Supreme Court, Nassau County (Carter, J.), entered March 21, 2000, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

The Supreme Court correctly denied the petition. The respondents’ determination was rational and was supported by substantial evidence (see, Matter of Khan v Zoning Bd. of Appeals, 87 NY2d 344, 351-352; Matter of Johnson v Village of Westhampton Beach, 244 AD2d 335). Bracken, P. J., O’Brien, Smith and Cozier, JJ., concur.

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