Opinion
October 13, 1998
Appeal from the Supreme Court, Westchester County (Lange, J.).
Ordered that the judgment is affirmed, with costs.
The petitioner failed to show that the determination by the Zoning Board of Appeals of the Village of Scarsdale that his proposed stationary standby generator was not a customary incidental use in an A-1 residential district, and denying him permission to install it, was arbitrary, capricious, or irrational ( see, Matter of JIJ Realty Corp. v. Costello, 239 A.D.2d 580; Matter of Burke v. Denison, 218 A.D.2d 894; Matter of Moody Hill Farms v. Zoning Bd. of Appeals, 199 A.D.2d 954).
The petitioner's claims under the Americans with Disabilities Act and the Fair Housing Act, which were raised for the first time in his reply papers, are not properly before this Court ( see, Turkish Airlines v. American Airlines, 249 A.D.2d 463; Galatti v. Alliance Funding Co., 228 A.D.2d 550). In any event, the unsworn and vague statements by the petitioner's mother's physician are insufficient to make even a prima facie showing of the existence of a meritorious claim under either statute.
Mangano, P. J., Sullivan, Florio and McGinity, JJ., concur.