A special proceeding pursuant to New York Civil Practice Law and Rules (“CPLR”) Article 78, specifically Section 7803(3), is the vehicle for challenging determinations of a body or officer. Section 7803(3) sets forth the all-too-familiar question raised: whether the determination was arbitrary and capricious, an abuse of discretion, or contrary to law. In the land use context, these challenges are commonly brought against municipal zoning board and planning board determinations. The record created during proceedings before the board, and produced to the Court, is critical for how the determination will be reviewed.
A. Review Is Limited to the Record.
The Court’s review is limited to whether a determination was rational (i.e. not arbitrary, etc.), and the Court will not substitute its judgment for that of the board. Because the Court’s role is limited to determining whether the board acted rationally, judicial review is limited to the facts and arguments adduced before the board when
