Opinion
March 28, 1988
Appeal from the Supreme Court, Putnam County (Dickinson, J.).
Ordered that the judgment is affirmed, with costs.
We find that the Town Board's determination that the petitioner was in violation of the Freshwater and Wetland Protection Law of the Town of Southeast was supported by substantial evidence and cannot be said to have been arbitrary or capricious (see, Matter of Pell v. Board of Educ., 34 N.Y.2d 222).
In addition, we find that the imposition of the civil penalty was proper and that it was not so shocking under the circumstances of this case that it should be set aside (see, Matter of Pell v. Board of Educ., supra). Thompson, J.P., Weinstein, Rubin and Harwood, JJ., concur.