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MATTER OF SHERWIN v. VILLAGE OF GOSHEN ZONING BD. OF APPEALS

2014-07994, Index No. 419/14.

139 A.D.3d 962 (2016)

30 N.Y.S.3d 577

2016 NY Slip Op 03890

In the Matter of JEFFREY SHERWIN, Appellant, v. VILLAGE OF GOSHEN ZONING BOARD OF APPEALS et al., Respondents.

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

Decided May 18, 2016.

Ordered that the judgment is affirmed, with costs.

"In a proceeding pursuant to CPLR article 78 to review a determination of a zoning board of appeals, judicial review is limited to ascertaining whether the action was illegal, arbitrary and capricious, or an abuse of discretion" (Matter of Arceri v Town of Islip Zoning Bd. of Appeals, 16 A.D.3d 411, 412 [2005]). Here, the determination of the Village of Goshen Zoning Board...

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