MEISENZAHL v. WILSON

Determination unanimously confirmed, without costs. Memorandum: Even though the proceeding was improperly transferred, this court should determine it on the merits (CPLR 7804, subd. [g]; Matter of Willow Gardens Apts. v. Riker, 36 A.D.2d 892). On the question of the standard of review where a town board or zoning board refuses a special exception see Matter of Lemir Realty Corp. v. Larkin ( 11 N.Y.2d 20).