Gee v. Zoning Board of Appeals — 237 A.D.2d 920

Majority

p. 920

In the Matter of Enos R. Gee, Appellant, v Zoning Board of Appeals of Town of North Dansville, Respondent.

[656 NYS2d 1009]

Judgment unanimously affirmed without costs. Memorandum: We conclude that respondent’s determination

p. 921

has a rational basis and is supported by substantial evidence (see, Matter of Cowan v Kern, 41 NY2d 591 , 599, rearg denied 42 NY2d 910 ; Matter of Fuhst v Foley, 45 NY2d 441 , 444; Matter of Baader v Town of Aurelius Zoning Bd. of Appeals, 184 AD2d 1045 ). Thus, we need not determine whether respondent improperly interpreted the term "place of public assembly” found in section 1202.1-7 of the Zoning Law of the Town of North Dansville. (Appeal from Judgment of Supreme Court, Livingston County, Cicoria, J.—CPLR art 78.) Present—Pine, J. P., Lawton, Doerr, Boehm and Fallon, JJ.

Cases cited

Fuhst v. Foley 45 NY2d 441 N.Y. 1978-10-26 at 444 p. 921
Baader v. Town of Aurelius Zoning Board of Appeals 184 AD2d 1045 N.Y. App. Div. 1992-06-05 p. 921