ORDERED that the appeals from the order dated November 7, 2001, are dismissed, as no appeal lies from an order denying leave to reargue; and it is further,
ORDERED that the order and judgment is reversed, on the law, the petition is denied, the proceeding is dismissed, and the determination of the Town of Shelter Island Zoning Board of Appeals granting a special exception permit is reinstated; and it is further,
ORDERED that one bill of costs is awarded to the appellants.
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 taken is illegal, arbitrary and capricious, or an abuse of discretion (see Matter of New York Botanical Garden v. Board of Stds. Appeals of City of N.Y., 91 N.Y.2d 413; Matter of Association of Friends of Sagaponack v. Zoning Bd. of Appeals of Town of Southampton, 287 A.D.2d 620, 621). In addition, a zoning board's interpretation of its zoning ordinance is entitled to great deference, and will not be overturned by a court unless unreasonable or irrational (see Matter of Sposato v. Zoning Bd. of Appeals of Vil. of Pelham, 287 A.D.2d 639; Matter of Home Depot USA, Inc. v. Baum, 243 A.D.2d 476, 478; Matter of Chrysler Realty Corp. v. Orneck, 196 A.D.2d 631, 632). Any ambiguities in a zoning ordinance must be resolved in favor of the property owner (see Matter of Hogg v. Cianciulli, 247 A.D.2d 474). Upon our review of the record, we find that the interpretation by the Town of Shelter Island Zoning Board of Appeals (hereinafter the Zoning Board) of the subject zoning ordinance, which resulted in the granting of a special exception permit to allow the respondent Lear-Ruig Partners, LLC, to operate a horse farm on its property, was reasonable and rational. Therefore, the Zoning Board's determination should be reinstated.
FEUERSTEIN, J.P., McGINITY, LUCIANO and SCHMIDT, JJ., concur.