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MATTER OF STANTON v. TOWN OF ISLIP DEPARTMENT OF PLANNING AND DEVELOPMENT

37 A.D.3d 473 (2007)

829 N.Y.S.2d 596

In the Matter of JOHN STANTON, Appellant, v. TOWN OF ISLIP DEPARTMENT OF PLANNING AND DEVELOPMENT et al., Respondents.

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

Decided February 6, 2007.

Ordered that the judgment is affirmed, with costs.

Generally, the petitioner has the burden of proving the allegations of his or her petition in a CPLR article 78 proceeding (see Matter of Poster v Strough, 299 A.D.2d 127, 138 [2002]). Here, the petitioner's allegations of bad faith and disparate treatment on the part of the respondents are unsupported by the record (see generally Matter of International Innovative Tech...

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