Matter of Sherwin v Village of Goshen Zoning Bd. of Appeals
2016 NY Slip Op 03890 [139 AD3d 962]
May 18, 2016
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 29, 2016


[*1]
 In the Matter of Jeffrey Sherwin, Appellant,
v
Village of Goshen Zoning Board of Appeals et al., Respondents.

James G. Sweeney, P.C., Goshen, NY, for appellant.

Drake, Loeb, Heller, Kennedy, Gogerty, Gaba & Rodd, PLLC, New Windsor, NY (Stephen J. Gaba of counsel), for respondents Village of Goshen Zoning Board of Appeals and Building Inspector of Village of Goshen.

Gregory G. Hoover, Sr., P.C., Goshen, NY, for respondent C.H. Development Corp.

In a proceeding pursuant to CPLR article 78 to review a determination of the Village of Goshen Zoning Board of Appeals dated December 19, 2013, which, after a hearing, affirmed the issuance of a building permit by the Village of Goshen Building Inspector to the respondent C.H. Development Corp. for the construction of a single-family dwelling, the petitioner appeals from a judgment of the Supreme Court, Orange County (Bartlett, J.), dated June 30, 2014, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

"In a proceeding pursuant to CPLR article 78 to review a determination of a zoning board of appeals, judicial review is limited to ascertaining whether the action was illegal, arbitrary and capricious, or an abuse of discretion" (Matter of Arceri v Town of Islip Zoning Bd. of Appeals, 16 AD3d 411, 412 [2005]). Here, the determination of the Village of Goshen Zoning Board of Appeals that McNally Street had become a village street pursuant to Village Law § 6-626 and, therefore, that a building permit was properly issued to the respondent C.H. Development Corp. for the construction of a single-family dwelling has a rational basis and is not arbitrary and capricious (see CPLR 7803; Matter of Marchand v New York State Dept. of Envtl. Conservation, 19 NY3d 616 [2012]; Kingsley v Village of Cooperstown, 107 AD3d 1092 [2013]).

The parties' remaining contentions are without merit. Leventhal, J.P., Roman, Hinds-Radix and Brathwaite Nelson, JJ., concur.