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Court’s Review Powers Re: a Planning Board’s Denial of a Subdivision Application Explained

In upholding the Planning Board’s denial of petitioner’s subdivision application, the Second Department explained the court’s review criteria in this context: “The court will substitute its judgment for that of a planning board only when the determination was affected by an error of law, or was arbitrary and capricious or an abuse of discretion, or was irrational (… see CPLR 7803[3]…). When reviewing a planning board’s determination, courts consider substantial evidence only to determine whether the record contains sufficient evidence to support the rationality of the Board’s determination…”. [internal quotation marks omitted] The Second Department went on to look at the evidence, which, although conflicting in some aspects, included support for the rationality of the Planning Board’s ruling. Matter of Ostojic v Gee, 2015 NY Slip Op 06244, 2nd Dept 7-22-15

 

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