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MATTER OF TOUSSIE v. TROTTA

283 A.D.2d 433 (2001)

723 N.Y.S.2d 890

In the Matter of ROBERT I. TOUSSIE, Appellant, v. FRANK C. TROTTA, as Chairman of the Board of Zoning Appeals of the Town of Brookhaven, et al., Respondents.

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

Decided May 7, 2001.

Ordered that the judgment is affirmed, with costs.

In a proceeding pursuant to CPLR article 78 to review a determination of a board of zoning appeals, judicial review is limited to determining whether the action taken by the board is illegal, arbitrary, or an abuse of discretion (see, Matter of Fuhst v Foley, 45 N.Y.2d 441; Matter of Smith v Board of Appeals, 202 A.D.2d 674). To...

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