MATTER OF MITCHELL v. ZONING BOARD OF APPEALS, 54 N.Y.2d 727 (1981)

426 N.E.2d 488, 442 N.Y.S.2d 994

In the Matter of PALMA MITCHELL et al., Appellants, v. ZONING BOARD OF APPEALS OF THE CITY OF YONKERS et al., Respondents, and CHRISTIAN BURCKEL, Intervenor-Respondent. (And a Similar Proceeding.)

Court of Appeals of the State of New York.
Decided July 7, 1981

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, GEORGE D. BURCHELL, J. and ALVIN R. RUSKIN, J.

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John A. Mitchell and Thomas V. Incantalupo for appellants.

Arthur J. Doran, Jr., Corporation Counsel (Robert W. Villani
of counsel), for respondents.

On summary consideration, order affirmed, with costs. We cannot say as a matter of law that the determination of the board of appeals to grant an area variance was either arbitrary, capricious or without a rational basis.

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Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.