Opinion
January 8, 1990
Adjudged that the determination is confirmed, and the proceeding is dismissed on the merits, with one bill of costs to the respondents appearing separately and filing separate briefs.
Notwithstanding the petitioner's contention to the contrary, it was proper for the Commissioner to rely on hearsay evidence to substantiate his findings (see, Matter of Lumsden v. New York City Fire Dept., 134 A.D.2d 595). We further find that the Commissioner used the proper standard of review when he determined that the alternative sites selected by the municipality were not superior to the sponsoring agency's proposed site (see, Matter of Town of Brookhaven v. Katz, 143 A.D.2d 1023; Town of Ramapo v. Webb, 137 A.D.2d 518). Additionally, we note that the record contains substantial evidence to support the Commissioner's determination that the alternative sites were not superior to the proposed site (see, 300 Gramatan Ave. Assocs. v. State Div. of Human Rights, 45 N.Y.2d 176).
We have examined the petitioner's remaining contentions and find them to be without merit. Thompson, J.P., Lawrence, Kunzeman and Harwood, JJ., concur.