APPCO Development, Inc. v. Kuehn — 217 A.D.2d 938

Majority

p. 938

In the Matter of APPCO Development, Inc., Respondent, v Terry W. Kuehn, as Supervisor of the Town of Wheatfield, et al., Appellants.

[631 NYS2d 260]

Judgment unanimously affirmed without costs. Memorandum: We affirm for reasons stated in the decision at Supreme Court (Koshian, J.). We add only that respondents’ determination denying petitioner a license to operate a mobile home court is not supported by substantial evidence (see, Matter of WEOK Broadcasting Corp. v Planning Bd., 79 NY2d 373 , 384; Matter of Pilato v Zoning Bd. of Appeals, 155 AD2d 864 , 865). (Appeal from Judgment of Supreme Court, Niagara County, Koshian, J.—CPLR art 78.) Present—Green, J. P., Lawton, Callahan, Balio and Boehm, JJ.

Cases cited

WEOK Broadcasting Corp. v. Planning Board 79 NY2d 373 N.Y. 1992-04-03 at 384 p. 938