MATTER OF DOWLING COLLEGE v. SCHERMERHORN

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.