Opinion
August 28, 1995
Appeal from the Supreme Court, Nassau County (Alpert, J.).
Ordered that the judgment is affirmed, with costs.
The Building Zone Ordinance of the Town of Hempstead prohibits the use of any premises "for the harboring of any dangerous or obnoxious animal which is wild in its natural habitat" (Town of Hempstead Building Zone Ordinance § 302 [C]). The petitioner sought a use variance so that he could harbor a cougar on the grounds of his residence. His application was denied by the respondent Board of Zoning Appeals of the Town of Hempstead. We agree with the Supreme Court that the denial was supported by substantial evidence and was neither arbitrary nor capricious. As the Supreme Court observed, the extraordinary security measures that the petitioner has taken for the harboring of the cougar belie his assertion that the animal in question is not dangerous (see, Matter of Town of Sullivan v. Strauss, 171 A.D.2d 980; cf., Novak's Tropical Aviary v. Brown, 62 A.D.2d 984). Under such circumstances, the proceeding seeking to annul the respondents' determination was properly dismissed (see, Matter of Village Bd. v. Jarrold, 53 N.Y.2d 254, 257; Matter of Fuhst v Foley, 45 N.Y.2d 441, 444). Copertino, J.P., Santucci, Altman and Friedmann, JJ., concur.