Opinion
Decided May 11, 1982
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, GEORGE S. KEPNER, JR., J.
Joseph F. Kehoe for appellant.
William H. Schebaum for respondents.
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [b]), order affirmed, with costs. If the Town of Oneonta did not have jurisdiction over Lot 59, it could not grant a variance. If, on the other hand, the town did have jurisdiction, it cannot be said, as a matter of law, that respondents' determination was arbitrary and capricious.
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.