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In the Matter of DOWLING COLLEGE, Respondent, v. WILLIAM H. SCHERMERHORN et al., Constituting the Board of Appeals of the Town of Islip, et al., Respondents. In the Matter of ANTHONY V. BARBIERO et al., Appellants, et al., Petitioner,

These two proceedings pursuant to article 78 of the CPLR to review a determination of the Board of Appeals of the Town of Islip granting in part and denying in part an application by Dowling College for transfer to the latter of a special exception which was granted in 1962 and for expansion of said special exception have resulted in the entry of a single judgment of the Supreme Court, Suffolk County, dated February 3, 1970; and petitioners Barbiero, Mesch and Willis in the second above-entitled proceeding appeal from said judgment except so much thereof as denied Dowling College's motion to dismiss the petition in the second above-entitled proceeding and directed said board to set a hearing date to impose certain conditions. Judgment modified, on the law, by striking therefrom the ninth decretal paragraph and by substituting therefor a provision confirming the respondent board's denial of leave to the petitioner Dowling College to construct a boathouse. As so modified, judgment affirmed insofar as appealed from, without costs. In our opinion the determination of the respondent board denying leave to the petitioner Dowling College to construct a boathouse was not arbitrary or capricious but is, on the entire record, supported by substantial evidence. Christ, P.J., Rabin, Hopkins, Munder and Benjamin, JJ., concur.

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MATTER OF DOWLING COLLEGE v. SCHERMERHORN
(Nov 16, 1970)