Opinion
July 20, 1998
Appeal from the Supreme Court, Richmond County (Mastro, J.).
Ordered that the judgment is reversed, on the law, with costs, the petition is denied, the determination is confirmed, and the proceeding is dismissed.
It is well settled that in determining a proceeding pursuant to CPLR article 78, a reviewing court may not consider an issue which was not raised before the administrative tribunal (see, CPLR 7803; Matter of Henry v. Wetzler, 82 N.Y.2d 859, cert denied 511 U.S. 1126; Matter of University Hgts. Nursing Home v. Chassin, 245 A.D.2d 776). Inasmuch as the petitioner never argued that it was an improper party to the administrative proceeding, it was error for the court to annul the determination on this ground (see, Matter of Van Cleef Realty v. New York State Div. of Human Rights, 216 A.D.2d 306, 307; Matter of Club Swamp Annex v. White, 167 A.D.2d 400).
Moreover, the agency's determination had a sound basis in reason and thus was neither arbitrary nor capricious (Matter of Pell v. Board of Educ., 34 N.Y.2d 222; Matter of Colton v. Berman, 21 N.Y.2d 322, 329; Matter of Eccles v. Zoning Bd. of Appeals, 224 A.D.2d 525).
The petitioner's remaining contentions are without merit.
Copertino, J. P., Pizzuto, Altman and Friedmann, JJ., concur.