STRAUB v. MODELEWSKI

Ordered that the appeal from the order is dismissed, without costs or disbursements; and it is further,

Ordered that the judgment is affirmed, without costs or disbursements.

The appeal from the order must be dismissed since an order made in a CPLR article 78 proceeding is not appealable as of right ( see CPLR 5701 [b] [1]; see Matter of Petrocelli v Zoning Bd. of Appeals of Vil. of Kings Point, 281 AD2d 423).

The Supreme Court properly annulled the determination of the Zoning Board of Appeals of the Town of Huntington that the petitioners failed to establish that the continuous nonconforming use, as a residential dwelling, of a cottage in the rear of their property began prior to the 1934 enactment of the relevant zoning code, since the determination was without a rational basis and was not based on the evidence in the record ( see Matter of Piesco v Hollihan, 47 AD3d 938; Matter of O-Co'nee Civic Assn. v Scheyer, 288 AD2d 386; Matter of Doyle Doyle v Rush, 241 AD2d 494; cf. Matter of RJA Holding Inc. v Town of Wappingers Zoning Bd. of Appeals, 37 AD3d 724; Matter of Mohan v Zoning Bd. of Appeals of Town of Huntington, 1 AD3d 364; Matter of McQuade v Zoning Bd. of Appeals of Town of Huntington, 248 AD2d 386).