Matter of Turner v. Organ

Full title: In the Matter of JOAN TURNER et al., Appellants, v. PHILIP ORGAN et al.…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 9, 1997

240 A.D.2d 507 (N.Y. App. Div. 1997)

659 N.Y.S.2d 772

Opinion

June 9, 1997

Appeal from the Supreme Court, Putnam County (Hickman, J.).

Ordered that the appeal from so much of the judgment as dismissed the petition in Proceeding No. 1 is dismissed as abandoned; and it is further,

Ordered that the judgment is affirmed insofar as reviewed; and it is further,

Ordered that the respondents are awarded one bill of costs.

We agree with the Supreme Court that the zoning board's determination to grant a special use permit allowing a literary, educational, and fine arts institution, which was made after a public hearing, was based upon substantial evidence in the record and was not arbitrary or capricious (Matter of Sasso v. Osgood, 86 N.Y.2d 374, 384; Matter of Fuhst v. Foley, 45 N.Y.2d 441, 444; Conley v. Town of Brookhaven Zoning Bd. of Appeals, 40 N.Y.2d 309, 314).

We find that the petitioner's remaining contentions are without merit.

Miller, J.P., Joy, Goldstein and Florio, JJ., concur.