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CASPIAN v. ZONING BD.

2007-10009

68 A.D.3d 62 (2009)

2009 NY Slip Op 6837

886 N.Y.S.2d 442

In the Matter of CASPIAN REALTY, INC., Respondent, v. ZONING BOARD OF APPEALS OF TOWN OF GREENBURGH, Appellant.

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

Decided September 29, 2009.

Attorney(s) appearing for the Case

Timothy W. Lewis, Town Attorney, Greenburgh (Edward M. Lieberman of counsel), for appellant.

Keane & Beane, P.C., White Plains (Judson K. Siebert, Joel H. Sachs and Jennifer L. Reinke of counsel), for respondent.

SPOLZINO, J.P., FLORIO and ANGIOLILLO, JJ., concur.

OPINION OF THE COURT

DILLON, J.

The issue on this appeal is whether a municipal zoning board may deny requested area variances on the basis of common-law principles that are independent of the statutory factors enumerated under Town Law § 267-b (3). In particular, we are asked to determine whether ongoing and deceitful representations by a variance applicant during earlier interaction with the planning board, and with the zoning board itself, permit...

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