Opinion
December 23, 1985
Appeal from the Supreme Court, Nassau County (Lockman, J.).
Judgment affirmed, with costs.
Special Term correctly concluded that General Municipal Law § 136 is inapplicable to this case (see, Town of Islip v Serio, 105 Misc.2d 1078, 1079; General Municipal Law § 136). Furthermore, the determination of the Board of Zoning Appeals was not arbitrary, capricious or an abuse of discretion (see, Matter of Fuhst v Foley, 45 N.Y.2d 441, 444; Matter of Juniper Homes v Nolte, 104 A.D.2d 942) and was based on substantial evidence. Mangano, J.P., Bracken, Niehoff and Eiber, JJ., concur. [ 125 Misc.2d 586.]