Opinion
January 12, 1998
Appeal from the Supreme Court, Westchester County (Coppola, J.).
Ordered that the judgment is affirmed, with costs.
The Supreme Court correctly determined that the City Council's decision denying the landmark application was reviewable in a CPLR article 78 proceeding (see, Matter of Canisius Coll. v. City of Buffalo, 217 A.D.2d 985; Matter of Cynwyd Invs. v. Town of N. Hempstead, 215 A.D.2d 755; Matter of Mastroianni v. Strada, 173 A.D.2d 827). However, we cannot conclude on the basis of this record that the decision of the Council was arbitrary or capricious (see, Matter of Canisius Coll. v. City of Buffalo, supra; see also, Matter of Doro's Rest. v. City of New York, 179 A.D.2d 406; cf., Matter of 400 E. 64/65th St. Block Assn. v. City of New York, 183 A.D.2d 531).
Bracken, J.P., O'Brien, Thompson and Altman, JJ., concur.