Ordered that the judgment is affirmed, with costs.
The Supreme Court correctly determined that the Town Board's denial of the petitioner's application for a temporary special use permit was arbitrary and capricious and not supported by substantial evidence ( see, Matter of Twin County Recycling Corp. v. Yevoli, 90 N.Y.2d 1000; Matter of Framike Realty Corp. v. Hinck, 220 A.D.2d 501). Moreover, the Supreme Court properly determined that former Town of Philipstown Code § 175-42 et seq. was preempted by the Mined Land Reclamation Law (ECL-23-2701 et seq.), as the former sections of the Town of Philipstown Code directly regulated mining operations ( see, ECL 23-2703; Philipstown Indus. Park v. Town Bd., 247 A.D.2d 525 [decided herewith]).
The appellants' remaining contentions are without merit.
Thompson, J. P., Joy, Krausman and McGinity, JJ., concur.