IN RE: Elva J. HAUQUITZ (2006)

In a proceeding pursuant to CPLR article 78 to review a determination of the Conservation Board of the Town of Southampton, dated April 10, 2002, denying the petitioner's application for a permit to build a single-family home on property adjacent to a wetland, the petitioners appeal from (1) a decision of the Supreme Court, Suffolk County (Loughlin, J.), dated August 12, 2004, and (2) a judgment of the same court dated September 24, 2004, which denied the petition and dismissed the proceeding.

ORDERED that the appeal from the decision is dismissed, as no appeal lies from a decision (see Schicchi v. Green Constr. Corp., 100 A.D.2d 509, 472 N.Y.S.2d 718);  and it is further,

ORDERED that the judgment is affirmed;  and it is further,

ORDERED that one bill of costs is awarded to the respondent and the intervenors-respondents.

As the Supreme Court correctly found, the determination of the Conservation Board of the Town of Southampton was not arbitrary, unreasonable, irrational, or indicative of bad faith (see Matter of Cowan v. Kern, 41 N.Y.2d 591, 599, 394 N.Y.S.2d 579, 363 N.E.2d 305;  Matter of Halperin v. City of New Rochelle, 24 A.D.3d 768, 809 N.Y.S.2d 98;  Matter of Wal-Mart Stores v. Planning Bd. of Town of N. Elba, 238 A.D.2d 93, 96, 668 N.Y.S.2d 774).

The petitioners' remaining contentions are without merit.