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 [3]; Matter of Vergata v Superintendent of Bldgs.,
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