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MATTER OF PHILIPPS v. TOWN OF WASHINGTON ZONING BOARD OF APPEALS

278 A.D.2d 496 (2000)

718 N.Y.S.2d 91

In the Matter of RICHARD PHILIPPS, as President of Lithgow Association, et al., Appellants, v. TOWN OF WASHINGTON ZONING BOARD OF APPEALS et al., Respondents.

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

Decided December 26, 2000.

Ordered that the judgment is affirmed, with costs.

Judicial review of a zoning board determination is limited, and the determination must be upheld if it has a rational basis and is supported by substantial evidence (see, Matter of Fuhst v Foley, 45 N.Y.2d 441, 444; Matter of Cowan v Kern, 41 N.Y.2d 591, 598, 599; Matter of Clarkson Realty Holding Corp. v Scheyer, ...

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