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IN THE MATTER OF ELIDE BUILDING CORP., appellant, v. CHRISTOPHER ALLOCCO, ETC., ET AL., respondents.

DECISION ORDER

ORDERED that the judgment is affirmed, with costs.

Judicial review of the determination of a local zoning board is limited to determining whether the action taken by the board was illegal, arbitrary, or an abuse of discretion ( see Matter of Ifrah v. Utschig, 98 N.Y.2d 304, 308; Matter of Sasso v. Osgood, 86 N.Y.2d 374, 384) . Here, the Zoning Board of Appeals of the Town of Eastchester determined that the proposed apartment complex would adversely affect the surrounding neighborhood. This determination was based on the failure of the proposed complex to meet the zoning limitations on height, number of habitable stories, and side yard setbacks. The determination is supported by the record and is neither arbitrary nor capricious ( see Matter of Ifrah v. Utschig, supra at 309; Matter of Sasso v. Osgood, supra; Matter of Scimone v. Humenik, 1 A.D.3d 370; cf. Matter of Polsen v. Rosenberg, 295 A.D.2d 352; Matter of Tetra Bldrs. v. Scheyer, 251 A.D.2d 589).

The petitioner's remaining contentions are without merit.

ALTMAN, J.P., KRAUSMAN, CRANE and COZIER, JJ., concur.

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IN THE MATTER OF ELIDE BLDG. CORP. v. ALLOCCO
(Feb 9, 2004)