Opinion
Submitted November 28, 2000.
December 27, 2000.
In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Town of Washington Zoning Board of Appeals dated July 6, 1998, which granted the petitioners' application to revoke a building permit issued to the respondent M. Heidi Otto, the petitioners appeal from a judgment of the Supreme Court, Dutchess County (Beisner, J.), dated January 13, 1999, which denied the petition and dismissed the proceeding.
Teahan Constantino, Poughkeepsie, N.Y. (Richard I. Cantor of counsel), for appellants.
Van DeWater Van DeWater, LLP, Poughkeepsie, N.Y. (Susanna E. Bedell and John K. Gifford of counsel), for respondent Town of Washington Zoning Board of Appeals.
Before: DAVID S. RITTER, J.P., HOWARD MILLER, SANDRA J. FEUERSTEIN, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, with costs.
Since the petitioners obtained all the relief sought from the respondent Town of Washington Zoning Board of Appeals (hereinafter the ZBA), i.e., revocation of the building permit, the Supreme Court correctly denied the petition and dismissed the proceeding on the ground that they are not aggrieved by the determination of the ZBA (see, Parochial Bus Systems v. Board of Educ. of City of N Y, 60 N.Y.2d 539; Matter of New York Cent. Mut. Ins. Co. v. Johnson, 260 A.D.2d 638).
In any event, the determination of the ZBA had a rational basis and is supported by substantial evidence (see, Matter of Fuhst v. Foley, 45 N.Y.2d 441, 444).