Sildar v. Board of Trustees — 57 N.Y.2d 934

Majority

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In the Matter of A. Walter Sildar et al., Appellants, v Board of Trustees of the Village of Huntington Bay et al., Respondents.

Decided October 21, 1982

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APPEARANCES OF COUNSEL

Charles T. Matthews for appellants.

Richard C. Cahn, Village Attorney, for Board of Trustees of Village of Huntington Bay, respondent.

Edgar Hills for Lawrence Mercantini and another, respondents.

OPINION OF THE COURT

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order affirmed, with costs. On the record before us it cannot be said that the Board of Trustees of the Village of Huntington Bay, acting in its capacity as the village planning

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board, acted arbitrarily or capriciously, or abused its discretion under the restrictive covenant.

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