Opinion
May 24, 1999
Appeal from the Supreme Court, Nassau County (Winick, J.).
Ordered that the appeal from the decision is dismissed, as no appeal lies from a decision (see, Schicchi v. Green Constr. Corp., 100 A.D.2d 509); and it is further,
Ordered that the judgment is affirmed insofar as appealed from; and it is further,
Ordered that the petitioners are awarded one bill of costs.
Contrary to the contention of the appellant, Board of Appeals of the Incorporated Village of Upper Brookville, its denial of the petitioners' application for an area variance was without a rational basis and was arbitrary and capricious. Therefore, the Supreme Court properly annulled the Board's determination and directed that the variance be granted (see, Matter of Sasso v. Osgood, 86 N.Y.2d 374, 384-386; Matter of Baker v. Brownlie, 248 A.D.2d 527; Matter of Hampshire Mgt. Co. v. Nadel, 241 A.D.2d 496; Matter of Frank v. Scheyer, 227 A.D.2d 558).
Mangano, P. J., Friedmann, McGinity and Feuerstein, JJ., concur.