Opinion
February 14, 1995
Appeal from the Supreme Court, Rockland County (Cowhey, J.).
Ordered that the judgment is affirmed, with costs.
To annul an administrative determination made after a hearing, a court must conclude that the determination is not supported by substantial evidence on the record when read as a whole (see, Matter of Lahey v. Kelly, 71 N.Y.2d 135). A determination is supported by substantial evidence when the record contains evidence consisting of "such relevant proof as a reasonable mind may accept as adequate to support a conclusion of ultimate fact" (People ex rel. Vega v. Smith, 66 N.Y.2d 130, 139). Here, we find that the determination of the Zoning Board of Appeals to deny the petitioner's sign permit because it was dissimilar in color and design to other signs in the immediate area of the shopping center was based upon substantial evidence (Annotation, Regulation Prohibiting Advertising Signs, 81 ALR3d 486).
The petitioner's remaining contention is without merit. Sullivan, J.P., Rosenblatt, Joy and Altman, JJ., concur.