Ordered that on the court's own motion, the appellant's notice of appeal is treated as an application for leave to appeal, the application is referred to Justice O'Brien, and leave to appeal is granted by Justice O'Brien (CPLR 5701 [b] [1]); and it is further,
Ordered that the judgment is reversed, on the law, with costs, the determination is confirmed and the proceeding is dismissed on the merits.
In a proceeding pursuant to CPLR article 78, a court may not substitute its judgment for that of the body it reviews if the decision made after a hearing is supported by substantial evidence and is not arbitrary or an abuse of discretion (see, Matter of Pell v. Board of Educ., 34 N.Y.2d 222). Where the determination of responsible local officials in the affected community has a rational basis and is supported by substantial evidence, it will be sustained (see, Matter of Fuhst v. Foley, 45 N.Y.2d 441). Here the appellant's determination to deny the petitioners permission to construct a 405-foot walkway and dock, made after a public hearing and an inspection of the affected property, is supported by the record and should not be disturbed. Kooper, J.P., Lawrence, Eiber and O'Brien, JJ., concur.