MATTER OF SILDAR v. BD. OF TRS. OF THE VILL. OF HUNTINGTON BAY


57 N.Y.2d 934 (1982)

In the Matter of A. Walter Sildar et al., Appellants, v. Board of Trustees of the Village of Huntington Bay et al., Respondents.

Court of Appeals of the State of New York.

Decided October 21, 1982.


Attorney(s) appearing for the Case

Charles T. Matthews for appellants.

Richard C. Cahn, Village Attorney, for Board of Trustees of Village of Huntington Bay, respondent.

Edgar Hills for Lawrence Mercantini and another, respondents.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.


On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order affirmed, with costs. On the record before us it cannot be said that the Board of Trustees of the Village of Huntington Bay, acting in its capacity as the village planning board, acted arbitrarily or capriciously, or abused its discretion under the restrictive...

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