Appellate Division of the Supreme Court of the State of New York, Second Department.
Ordered that the judgment is affirmed, without costs or disbursements.
The petitioner sought to compel the Building Inspector of the Town of Newburgh to issue a building permit. The proper standard of review to determine if a building inspector should be compelled to issue a permit is whether the inspector's determination was arbitrary and capricious (see, CPLR 7803 ; Matter of Vergata v Superintendent of Bldgs., 108 A.D.2d 750
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