Opinion
November 27, 1995
Appeal from the Supreme Court, Nassau County (O'Brien, J.).
Ordered that the judgment is affirmed, with one bill of costs payable to the respondents appearing separately and filing separate briefs.
Joseph Biello and Ed DeBenedetto sought use and area variances to allow them to construct a new building to be used as a car wash facility. After the Board of Zoning and Appeals of the Town of North Hempstead (hereinafter the Board) granted the variances, two neighboring businesses, as well as an individual resident in the immediate area, commenced this CPLR article 78 proceeding challenging the Board's actions as arbitrary and capricious. The Supreme Court dismissed the proceeding.
We agree with the Supreme Court's determination that the Board's determination to grant the variances was neither arbitrary nor capricious and was supported by substantial evidence (see, Matter of Fuhst v Foley, 45 N.Y.2d 441; Matter of Green v Scheyer, 205 A.D.2d 535).
We have examined the appellants' remaining claims and find them to be without merit. Mangano, P.J., Balletta, Copertino and Hart, JJ.