Opinion
2002-04397
Argued April 24, 2003.
May 12, 2003.
In a proceeding pursuant to CPLR article 78 to review a determination of the Zoning Board of Appeals of the Town of Islip, which, after a hearing, inter alia, denied the petitioners' application for a certificate of nonconforming use, the appeal is from a judgment of the Supreme Court, Suffolk County (Tanenbaum, J.), dated April 8, 2002, which granted the petition and annulled the determination.
Vincent J. Messina, Jr., Town Attorney, Islip, N.Y. (Erin A. Sidaras of counsel), for appellant.
Marliese Flis, East Islip, N.Y. (James Stanley Flis of counsel), for respondents.
Before: ANITA R. FLORIO, J.P., SANDRA J. FEUERSTEIN, LEO F. McGINITY, THOMAS A. ADAMS, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, with costs.
The Supreme Court properly annulled the determination of the Zoning Board of Appeals of the Town of Islip on the ground that it was arbitrary and capricious (see Matter of E B Realty v. Zoning Bd. of Appeals of Inc. Vil. of Roslyn, 275 A.D.2d 779).
FLORIO, J.P., FEUERSTEIN, McGINITY and ADAMS, JJ., concur.