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MATTER OF FOTI v. TOWN OF EAST HAMPTON,

60 A.D.3d 1057 (2009)

876 N.Y.S.2d 137

In the Matter of FRANK FOTI, Appellant, v. TOWN OF EAST HAMPTON, NEW YORK, ZONING BOARD OF APPEALS, Respondent.

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

Decided March 31, 2009.

Ordered that the judgment is affirmed, with costs.

"[L]ocal zoning boards have broad discretion in considering applications for area variances and the judicial function in reviewing such decisions is a limited one. Courts may set aside a zoning board determination only where the record reveals that the board acted illegally or arbitrarily, or abused its discretion, or that it merely succumbed to generalized community pressure" (Matter of Pecoraro v Board of Appeals...

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