Opinion
December 30, 1992
Appeal from the Supreme Court, Erie County, Mintz, J.
Present — Denman, P.J., Pine, Balio, Fallon and Davis, JJ.
Order and judgment unanimously affirmed without costs. Memorandum: Supreme Court properly determined that the Zoning Board of Appeals exceeded its authority by deciding that the conditions imposed in the rezoning approval of the Town Board were invalid and unenforceable (see, Old Farm Rd. v Town of New Castle, 26 N.Y.2d 462, 466; Scarsdale Supply Co. v Village of Scarsdale, 8 N.Y.2d 325, 330; Western Stone Prods. Corp. v Town Bd., 25 A.D.2d 493). We reject respondents' attempt to characterize the Zoning Board's action as an "interpretation" of the Town Board's determination. The Zoning Board's findings that the conditions imposed by the Town Board were impermissibly vague or prohibited amounted to an improper ruling on the validity and enforceability of the Town Board's action.