Opinion
2001-10761
Submitted January 10, 2003.
February 4, 2003.
In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Zoning Appeals of the Incorporated Village of Port Washington North, dated January 31, 2001, which denied the petitioner's application for an area variance, the petitioner appeals from a judgment of the Supreme Court, Nassau County (Phelan, J.), entered September 12, 2001, which confirmed the determination and dismissed the proceeding.
Vassalle, Kolmes Associates, New York, N.Y. (Andrew Giuseppe Vassalle of counsel), for appellant.
Ackerman, Levine, Cullen Brickman, LLP, Great Neck (Andrew J. Luskin of counsel), for respondent.
Before: ANITA R. FLORIO, J.P., SANDRA J. FEUERSTEIN, WILLIAM D. FRIEDMANN, REINALDO E. RIVERA, JJ.
ORDERED that the judgment is affirmed, with costs.
Contrary to the petitioner's contentions, the Supreme Court properly confirmed the determination denying the petitioner's application for an area variance. The determination was rationally based and was supported by substantial evidence (see Matter of Ifrah v. Utschig, 98 N.Y.2d 304; Matter of Sasso v. Osgood, 86 N.Y.2d 374, 384 n 2; Matter of Kattke v. Incorporated Vil. of Freeport, 200 A.D.2d 746, 747).
FLORIO, J.P., FEUERSTEIN, FRIEDMANN and RIVERA, JJ., concur.