Opinion
April 20, 1998
Appeal from the Supreme Court, Nassau County (Phelan, J.)
Ordered that the judgment is affirmed, with costs.
The determination of the respondent Zoning Board of Appeals of the Town of Hempstead to grant variances to the intervenor-respondent Channel View Realty Corp. was rationally based and thus was neither arbitrary nor capricious. Accordingly, the petition was properly denied and the proceeding dismissed ( see, Matter of Fuhst v. Foley, 45 N.Y.2d 441).
Bracken, J.P., Santucci, Goldstein and McGinity, JJ., concur.