Mitchell v. Zoning Board of Appeals — 54 N.Y.2d 727

Majority

p. 727

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.)

Decided July 7, 1981

p. 728

APPEARANCES OF COUNSEL

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

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

OPINION OF THE COURT

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.

p. 729

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.