Matter of Gebbie v Mammina, 13 NY3d 728 (2009)

2009 NY Slip Op 06306 [13 NY3d 728]
August 27, 2009
Court of Appeals

[*1]

In the Matter of John Gebbie, Respondent,
v
David Mammina et al., Appellants.

Decided August 27, 2009

Matter of Gebbie v Mammina, 57 AD3d 544, reversed.

{**13 NY3d at 729} OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and the judgment of Supreme Court reinstated.

In view of the broad discretion afforded zoning boards considering applications for area variances (see Matter of Pecoraro v Board of Appeals of Town of Hempstead, 2 NY3d 608, 612-613 [2004]), the denial of petitioner’s application for area variances to subdivide his lot to create two nonconforming lots had a rational basis and was not arbitrary and capricious. The Board of Zoning Appeals rationally balanced and weighed the requisite statutory factors, and the Appellate Division erroneously substituted its judgment for that of the agency (see Town Law § 267-b [3] [b]).

Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur in memorandum.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, etc.