Opinion
February 28, 1994
Appeal from the Supreme Court, Nassau County.
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; and it is further,
Ordered that the respondent is awarded one bill of costs.
We find that the respondent, acting within the scope of its review powers pursuant to Town Code of the Town of North Hempstead § 70-219 and Town Law former § 274-a, properly reviewed the petitioner's application, and its determination was supported by substantial evidence (see, Matter of WEOK Broadcasting Corp. v. Planning Bd., 79 N.Y.2d 373; Matter of Texaco Ref. Mktg. v Valente, 174 A.D.2d 674). Balletta, J.P., Pizzuto, Friedmann and Krausman, JJ., concur.