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MATTER OF DOLPHIN v. ZONING BOARD OF APPEALS OF TOWN OF SHELTER ISLAND

64 A.D.3d 777 (2009)

882 N.Y.S.2d 716

In the Matter of LAURIE DOLPHIN et al., Respondents, v. ZONING BOARD OF APPEALS OF TOWN OF SHELTER ISLAND, Appellant.

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

Decided July 28, 2009.

Ordered that the judgment is affirmed, with costs.

"While local zoning boards have broad discretion ... a determination cannot be sustained if it lacks a rational basis and is arbitrary and capricious" (Matter of Bassano v Town of Carmel Zoning Bd. of Appeals, 56 A.D.3d 665, 665 [2008]). Contrary to the contentions of the appellant Zoning Board of Appeals of the Town of Shelter...

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