Philipps v. Town of Washington Zoning Board of Appeals

In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Town of Washington Zoning Board of Appeals dated January 20, 1998, denying the petitioners’ application to revoke a certificate of occupancy issued to the respondent M. Heidi Otto, the petitioners appeal from a judgment of the Supreme Court, Dutchess County (Beisner, J.), dated January 13, 1999, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

Judicial review of a zoning board determination is limited, and the determination must be upheld if it has a…