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IN RE: RVC ASSOCIATES, Petitioner, v. ZONING BOARD OF APPEALS OF VILLAGE OF ROCKVILLE CENTRE, Respondent.
Proceeding pursuant to CPLR article 78 to review a determination of the respondent Zoning Board of Appeals of the Village of Rockville Centre, dated October 4, 1995, which, after a hearing, denied the petitioner's application for a use variance.
ADJUDGED that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
It is well settled that local zoning boards have broad discretion in considering applications for variances and that judicial review is limited to determining whether the action taken by the board was supported by substantial evidence and is not illegal, arbitrary, or an abuse of discretion (Matter of Fuhst v. Foley, 45 N.Y.2d 441, 410 N.Y.S.2d 56, 382 N.E.2d 756; Matter of Kattke v. Incorporated Vil. of Freeport, 200 A.D.2d 746, 607 N.Y.S.2d 84; Matter of Scarsdale Ave. Equities Assocs. v. Board of Appeals of Vil. of Scarsdale, 199 A.D.2d 397, 605 N.Y.S.2d 361).
Contrary to the petitioner's contention, the hardship that it alleged to have suffered was not due to the applicable zoning regulations, but rather was the result of imprudent financial decisions. Accordingly, the respondent Zoning Board of Appeals of the Village of Rockville Centre properly denied the petitioner's application for a use variance to relieve such self-created hardship (see, Matter of Long Is. Leasing Corp. v. Casey, 138 A.D.2d 596, 526 N.Y.S.2d 768; Matter of Carriage Works Enters. v. Siegel, 118 A.D.2d 568, 499 N.Y.S.2d 439).
MEMORANDUM BY THE COURT.
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Decided: June 23, 1997
Court: Supreme Court, Appellate Division, Second Department, New York.
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