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MATTER OF DEARBORN ASSOCS. v. ENVTL. CONTROL BD.

144 A.D.2d 556 (1988)

In the Matter of Dearborn Associates, Appellant, v. Environmental Control Board, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 21, 1988

Ordered that the judgment is affirmed, with costs.

We find that on the record before the Environmental Control Board, its decision to deny the petitioner's application to open its default in appearing at a hearing had a rational basis and was not arbitrary and capricious (see, Matter of Fanelli v New York City Conciliation & Appeals Bd., 90 A.D.2d 756, affd

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