Opinion
July 3, 1989
Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
A review of the record reveals that the condemnation proceedings were not procedurally defective under EDPL article 2. The respondent Town of Islip's findings and determination fully comply with the requirements of EDPL 204, and are not "irrational, baseless or unreasonable" (Matter of Dowling Coll. v Flacke, 78 A.D.2d 551, 552). Further, the petitioner's allegation that the condemning authority failed to comply with ECL article 8 is not subject to judicial review in a proceeding pursuant to EDPL article 2 (see, Pizzuti v Metropolitan Tr. Auth., 67 N.Y.2d 1039).
We have considered the petitioner's remaining contentions and find them to be without merit. Kunzeman, J.P., Kooper, Harwood and Rosenblatt, JJ., concur.