A denial by the zoning board of appeals for a special use permit to allow the applicant to maintain a home business was not arbitrary and capricious nor contrary to law since the board rationally determined that the Petitioner did not meet the requirement of the Town Code that he reside on the subject premises.

Weber v. Baranello, 2009 WL 1694496 (N.Y.A.D. 2 Dept. 6/16/2009)

The opinion can be accessed at: http://www.nycourts.gov/reporter/3dseries/2009/2009_05148.htm