Opinion
Argued March 21, 2000.
May 1, 2000.
In a proceeding pursuant to CPLR article 78 to review certain conditions imposed by the respondent upon the operation of the petitioner's recycling business, the petitioner appeals from a judgment of the Supreme Court, Orange County (West, J.), entered January 19, 1999, which denied the petition and dismissed the proceeding.
Fabricant Lipman, Goshen, N.Y. (Alan S. Lipman of counsel), for appellant.
Richard W. Hoyt, Walden, N.Y., for respondent.
DAVID S. RITTER, J.P., DANIEL W. JOY, SONDRA MILLER, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, with costs.
Although the petitioner's operation was a preexisting, nonconforming use, predating the 1996 enactment by the Town of Montgomery of its Composting and Recycling Law (Local Laws, 1996, No. 1 of Town of Montgomery), the respondent nevertheless had the authority to impose conditions on the petitioner's hours of operation as an exercise of its police powers (see, Town of Hempstead v. Goldblatt, 9 N.Y.2d 101, affd 369 U.S. 590; Town Board of Town of Southampton v. 1320 Entertainment, 236 A.D.2d 387). The reasonable time restrictions imposed were not arbitrary and capricious (see, Town Board of Town of Southampton v. 1320 Entertainment, supra).
The petitioner's remaining contention lacks merit.
RITTER, J.P., JOY, S. MILLER and H. MILLER, JJ., concur.