Opinion
Argued September 22, 2000
October 24, 2000.
In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Town of Carmel Zoning Board of Appeals dated March 17, 1999, the petitioner appeals from a judgment of the Supreme Court, Putnam County (Hickman, J.), dated August 31, 1999, which denied the petition and dismissed the proceeding.
Harold J. Gabriel, Goldens Bridge, N.Y., for appellant.
Thomas J. Costello, Carmel, N.Y. (Gregory L. Folchetti of counsel), for respondents-respondents.
Fixler Associates, LLP, New York, N.Y. (Frank Gulino of counsel), for intervenor respondent-respondent Putnam Hospital Center.
Miller, Mannix Pratt, P.C., Glens Falls, N.Y. (Mark Schachner and Cathi L. Radner of counsel), for intervenor respondent-respondent Columbia PHC Group, LLC.
Before: CORNELIUS J. O'BRIEN, J.P., WILLIAM D. FRIEDMANN, GABRIEL M. KRAUSMAN, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, with costs.
The interpretation of the Town of Carmel Zoning Board of Appeals that the applicable zoning code permits medical offices in a hospital located in an R-60 zoning district was rational and was supported by the substantial evidence presented in the record (see, Matter of Khan v. Zoning Bd. of Appeals of Vil. of Irvington, 87 N.Y.2d 344; Matter of Fuhst v. Foley, 45 N.Y.2d 441).