Opinion
March 9, 1998
Appeal from the Supreme Court, Suffolk County (Mullen, J.).
Ordered that the judgment is affirmed insofar as appealed from, with costs.
The Supreme Court properly dismissed the first petition as premature since the vote of the respondent Planning Board of the Incorporated Village of East Hampton (hereinafter the Planning Board) dated July 25, 1996, did not constitute a final determination ( see, CPLR 7801). The second petition also was properly dismissed since the record does not support the petitioner's contention that the resolution of the Planning Board dated September 26, 1996, granting subdivision approval to Hedgerow Associates, L.P., was illegal.
The petitioner's contention that the Planning Board lacked the authority to consider cluster developments is precluded from judicial review as that contention was not raised at the administrative level ( see, Matter of Hughes v. Suffolk County Dept. of Civ. Serv., 74 N.Y.2d 833, 834; Matter of Klapak v. Blum, 65 N.Y.2d 670, 672; Matter of Buffolino v. Board of Zoning Appeals, 230 A.D.2d 794, 795).
Thompson, J. P., Sullivan, Florio and McGinity, JJ., concur.