Opinion
Argued November 2, 2001.
November 19, 2001.
In a proceeding pursuant to CPLR article 78 to review a determination of the Zoning Board of Appeals of the Town of Islip dated March 23, 1999, which, after a hearing, granted Carolyn Matherson's application for a certificate of nonconforming use, the appeals are from a judgment of the Supreme Court, Suffolk County (Gerard, J.), dated July 5, 2000, which granted the petition and, in effect, annulled the determination.
Vincent J. Messina, Jr., Town Attorney, Islip, N.Y. (Leigh Carroll and Richard Hoffmann of counsel), for appellants Richard I. Scheyer, Albert R. Morrison, Kurt Pahlitzsch, Barbara A. O'Connor, Frederick Zimmerman, and Zoning Board of Appeals of the Town of Islip.
VanBrunt, Juzwiak Russo, P.C., Sayville, N.Y. (J. Lee Snead of counsel), for appellant Carolyn Matherson.
Before: GABRIEL M. KRAUSMAN, J.P., WILLIAM D. FRIEDMANN, ANITA R. FLORIO, THOMAS A. ADAMS, JJ.
ORDERED that the judgment is affirmed, without costs or disbursements.
The determination of the Zoning Board of Appeals of the Town of Islip was, in effect, properly annulled 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).
KRAUSMAN, J.P., FRIEDMANN, FLORIO and ADAMS, JJ., concur.