MATTER OF PECORA v. GOSSIN

Judgment unanimously affirmed, with costs. Memorandum: The evidence before respondent board, supported by extensive studies, presented substantial questions of fact which lay within the jurisdiction of the board to resolve; and in these circumstances a court may not substitute its judgment for the board's determination (Matter of Lemir Realty Corp. v Larkin, 11 N.Y.2d 20). The action of the town in forbidding excavation of a portion of petitioner's premises for the sale of sand or gravel is not violative of petitioner's constitutional rights (Matter of Calcagno v Town Bd. of Town of Webster, 265 App. Div. 687, affd 291 N.Y. 701).