Opinion
4636
November 16, 2004.
Judgment, Supreme Court, New York County (Alice Schlesinger, J.), entered April 22, 2004, which denied the petition brought pursuant to CPLR article 78 seeking to annul a determination of respondent Board of Standards and Appeals which granted a variance to intervenor-respondent The Dwight School and dismissed the proceeding, unanimously affirmed, with costs against petitioners in favor of intervenor-respondent.
Before: Mazzarelli, J.P., Ellerin, Lerner, Friedman and Sweeny, JJ.
Since the record discloses that the challenged determination of respondent agency to grant a variance had a rational basis and is supported by substantial evidence, the determination may not be disturbed ( see Matter of Cowan v. Kern, 41 NY2d 591, 598).