Matter of Jusko v. Howe

Full title: In the Matter of EDWARD JUSKO et al., Appellants, v. ELIN M. HOWE et al.…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 20, 1993

199 A.D.2d 393 (N.Y. App. Div. 1993)

608 N.Y.S.2d 90

Opinion

December 20, 1993

Adjudged that the determination is confirmed and the petition is dismissed on the merits, with costs to the respondent Howe.

We find that the determination that the alternative site selected by the municipality was not superior to the proposed site was based upon the proper standard of review (see, Matter of City of Glen Cove v Surles, 157 A.D.2d 657), and was supported by substantial evidence (see, 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 N.Y.2d 176).

We have reviewed the appellants' remaining contention and find it to be without merit. Mangano, P.J., Balletta, Lawrence and O'Brien, JJ., concur.