Opinion
April 13, 1998
Appeal from the Supreme Court, Orange County (Peter C. Patsalos, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
The plaintiff was injured when he drove his snowmobile off the edge of an incline into a gravel pit owned and operated by the defendants Leo and Patricia Kowalczik. The plaintiff brought this action against the Kowalcziks and their consulting engineers, the respondents Geary F. Chumard, individually and d/b/a Chumard Associates, Chumard Associates, Geary F. Chumard, and William G. McEvilly, individually and d/b/a Chumard McEvilly, and Chumard McEvilly, for their alleged negligence in preparing plans on behalf of the Kowalcziks for a mining permit application and a renewal application.
Contrary to the plaintiff's contention, the plans drafted by the respondents in connection with the mining permit application, which were subsequently approved by the Town of Minisink Planning Board, were not in violation of a local zoning law ( see, Town of Minisink Zoning Law § 3.1.1.1; see generally, Matter of Olivieri v. Planning Bd., 229 A.D.2d 584; Matter of North Greenbush Dev. Corp. v. Fragomeni, 226 A.D.2d 854; Matter of Bockis v. Kayser, 112 A.D.2d 222). Furthermore, the plaintiff's contention with regard to the plans as revised by the respondents for the renewal application is also without merit.
Ritter, J.P., Thompson, Goldstein and McGinity, JJ., concur.