Atlantic Ready Mix, Inc. v. Macedo

*638We agree with the Supreme Court that the determination of the respondent Zoning Board of Appeals of the Incorporated Village of Mineola (hereinafter the ZBA) denying so much of the application as sought a use variance was rational and not arbitrary and capricious, as the petitioners failed to establish a basis for the granting of such a variance (see Matter of Ifrah v Utschig, 98 NY2d 304 [2002]). The ZBA also properly denied, as academic, so much of the application as sought an area variance.

The petitioners’ contentions that they had been using the subject property lawfully before the…