Opinion
March 28, 1988
Appeal from the Supreme Court, Westchester County (Donovan, J.).
Ordered that the judgment is affirmed, with one bill of costs.
We agree with the Supreme Court that the zoning board's determination to grant the use variance, which was made after a public hearing, was based upon substantial evidence in the record and was not arbitrary or capricious (see, Matter of Fiore v Zoning Bd. of Appeals, 21 N.Y.2d 393, rearg denied 21 N.Y.2d 1040; Matter of Point Lookout Civic Assn. v. Zoning Bd. of Appeals, 94 A.D.2d 744; Matter of Consolidated Edison Co. v. Hoffman, 43 N.Y.2d 598).
The petitioner's contention that he was denied due process is without merit (see, Zelenski v. Incorporated Vil. of Patchogue, 51 A.D.2d 1055). The record shows that he attended the hearing before the zoning board and, in fact, voiced his objections to the granting of the variance. Therefore, he was not prejudiced by the failure to receive written notice.
We find that the petitioner's remaining contentions are without merit. Lawrence, J.P., Eiber, Harwood and Balletta, JJ., concur.