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Matter of Shibley v. Miller

Appellate Division of the Supreme Court of New York, Second Department
Feb 27, 1995
212 A.D.2d 799 (N.Y. App. Div. 1995)

Opinion

February 27, 1995

Appeal from the Supreme Court, Nassau County (Saladino, J.).


Ordered that the judgment is affirmed, with costs.

The Supreme Court correctly sustained the determination under review, which "ha[d] a rational basis and [was] supported by substantial evidence" (Matter of Young v. Board of Appeals, 194 A.D.2d 796, 797, citing Matter of Doyle v. Amster, 79 N.Y.2d 592; Matter of Fuhst v. Foley, 45 N.Y.2d 441; Human Dev. Servs. v Zoning Bd. of Appeals, 110 A.D.2d 135, affd 67 N.Y.2d 702; Matter of Brous v. Planning Bd., 191 A.D.2d 553). The fact that the respondent went into executive session "to obtain advice of counsel" does not require vacatur of the subsequent determination (see, Public Officers Law §§ 103, 108; Matter of Young v. Board of Appeals, supra).

We have examined the appellants' remaining contentions and find them to be without merit. Bracken, J.P., Balletta, Copertino and Hart, JJ., concur.


Summaries of

Matter of Shibley v. Miller

Appellate Division of the Supreme Court of New York, Second Department
Feb 27, 1995
212 A.D.2d 799 (N.Y. App. Div. 1995)
Case details for

Matter of Shibley v. Miller

Case Details

Full title:In the Matter of ALAN SHIBLEY et al., Appellants, v. DONALD H. MILLER…

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

Date published: Feb 27, 1995

Citations

212 A.D.2d 799 (N.Y. App. Div. 1995)
623 N.Y.S.2d 283

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