Opinion
Argued April 30, 2001.
May 21, 2001.
In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Zoning Board of Appeals of the Incorporated Village of Massapequa Park, dated August 10, 1999, denying the petitioners' application for a variance, the appeal is from a judgment of the Supreme Court, Nassau County (Carter, J.), entered March 21, 2000, which denied the petition and dismissed the proceeding.
Goldstein Avrutine, Syosset, N.Y. (Howard D. Avrutine of counsel), for appellants.
Rand P. Schwartz, Massapequa Park, N.Y., for respondents.
Before: LAWRENCE J. BRACKEN, P.J., CORNELIUS J. O'BRIEN, NANCY E. SMITH and BARRY A. COZIER, JJ.
ORDERED that the judgment is affirmed, with costs.
The Supreme Court correctly denied the petition. The respondents' determination was rational and was supported by substantial evidence (see, Matter of Khan v. Zoning Bd. of Appeals of Village of Irvington, 87 N.Y.2d 344, 351-352; Matter of Johnson v. Village of Westhampton Beach, 244 A.D.2d 335).
BRACKEN, P.J., O'BRIEN, SMITH and COZIER, JJ., concur.