Opinion
2001-03682
Argued April 18, 2002.
May 8, 2002.
In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Trustees of the Village of Malverne, dated September 21, 2000, which, after a hearing, denied the petitioners' application for a special exception permit, the petitioners appeal from a judgment of the Supreme Court, Nassau County (Joseph, J.), dated March 13, 2001, which denied the petition and dismissed the proceeding.
McAndrew, Conboy Prisco, Woodbury, N.Y. (Robert M. Ortiz of counsel), for appellants.
Spellman Walsh Rice Schure Markus, LLP, Garden City, N.Y. (Benjamin J. Truncale, Jr., and Kevin M. Walsh of counsel), for respondent.
Before: FLORIO, J.P., FRIEDMANN, MILLER, TOWNES, JJ.
ORDERED that the judgment is affirmed, with costs.
The reviewing court in a proceeding pursuant to CPLR article 78 will not substitute its judgment for that of the local Village Board unless it clearly appears to be arbitrary, capricious, or contrary to the law (see Matter of Lemir Realty Corp. v. Larkin, 11 N.Y.2d 20; see also Matter of Retail Prop. Trust v. Board of Zoning Appeals of Town of Hempstead, 281 A.D.2d 549; Matter of Unal v. Peterson, 261 A.D.2d 551). Here, the denial of the petitioners' application was rationally based and, accordingly, the proceeding was properly dismissed (see Matter of Tandem Holding Corp. v. Board of Zoning Appeals of Town of Hempstead, 43 N.Y.2d 801; Matter of Marriott Corp. v. Rose, 168 A.D.2d 682; Matter of Dausey v. Kelley, 137 A.D.2d 686; Matter of Wen Liz Realty Corp. v. Town of Hempstead Board of Zoning Appeals, 94 A.D.2d 182).
The petitioners' remaining contentions are without merit.
FLORIO, J.P., FRIEDMANN, H. MILLER and TOWNES, JJ., concur.