Danny Alcantara v. Zoning Board of Appeals, Village of Ossing, State of New York

Petitioner applied to the Zoning Board of Appeals (ZBA), Village of Ossining, State of New York for an area variance regarding renovation of the commercial portion of the mixed use residential and commercial area. After a hearing, the ZBA denied Petitioner’s application. Petitioner then appealed to the Supreme Court, Westchester County which granted the petition and remitted the matter to the ZBA. The ZBA appealed this decision to the Appellate Division that ordered that the previous judgment be reversed because the determination of the ZBA was rational, not arbitrary and capricious. 

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