Opinion
February 17, 1998
Appeal from the Supreme Court, Putnam County (Hillery, J.).
Ordered that the judgment is affirmed, with costs.
The Supreme Court correctly determined that the Town Board's denial of the petitioner's application for a temporary special use permit was arbitrary and capricious and not supported by substantial evidence ( see, Matter of Twin County Recycling Corp. v. Yevoli, 90 N.Y.2d 1000; Matter of Framike Realty Corp. v. Hinck, 220 A.D.2d 501). Moreover, the Supreme Court properly determined that former Town of Philipstown Code § 175-42 et seq. was preempted by the Mined Land Reclamation Law (ECL-23-2701 et seq.), as the former sections of the Town of Philipstown Code directly regulated mining operations ( see, ECL 23-2703; Philipstown Indus. Park v. Town Bd., 247 A.D.2d 525 [decided herewith]).
The appellants' remaining contentions are without merit.
Thompson, J. P., Joy, Krausman and McGinity, JJ., concur.