Opinion
Submitted April 12, 2000.
May 22, 2000.
In a proceeding pursuant to CPLR article 78, inter alia, to review a determination of the appellant Superintendent of Highways for the Town of North Hempstead, dated October 6, 1998, which denied the petitioner's application for a curb-cut permit, the appeal is from an order and judgment (one paper) of the Supreme Court, Nassau County (Winslow, J.), dated May 31, 1999, which granted the petition and denied the appellants' cross motion to dismiss the proceeding.
Howard S. Miller, Town Attorney, Manhasset, N.Y. (Paula Uggeri Cuomo of counsel), for appellants.
Forchelli, Curto, Schwartz, Mineo, Carlino Cohn, LLP, Mineola, N Y (William A. DiConza of counsel), for respondent.
Before: DAVID S. RITTER, J.P., THOMAS R. SULLIVAN, SONDRA MILLER, DANIEL F. LUCIANO, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the order and judgment is reversed, on the law, with costs, the cross motion is granted, and the proceeding is dismissed.
Contrary to the conclusion reached by the Supreme Court, the petitioner failed to show that the appellants' denial of his curb-cut application was arbitrary, capricious, or an abuse of discretion (see, Burger King Corp. v. County of Suffolk, Dept. of Public Works, 121 A.D.2d 494; Token Carpentry v. Hornik, 92 A.D.2d 868; see also, Matter of Syosset Ind. Bldrs. v. Town of Oyster Bay Highway Dept., 24 A.D.2d 763).
RITTER, J.P., SULLIVAN, S. MILLER, LUCIANO and H. MILLER, JJ., concur.