In the Matter of Deerpark Farms Llc v. Agricultural

• Decision Date: 23 February 2010
• Citation: 70 A.D.3d 1037,2010 N.Y. Slip Op. 01647,896 N.Y.S.2d 126
• Parties: In the Matter of DEERPARK FARMS, LLC, appellant,v.AGRICULTURAL AND FARMLAND PROTECTION BOARD OF ORANGE COUNTY, et al., respondents,Orange County Legislature, respondent-respondent.
• Court: New York Supreme Court — Appellate Division

70 A.D.3d 1037
896 N.Y.S.2d 126
2010 N.Y. Slip Op. 01647

In the Matter of DEERPARK FARMS, LLC, appellant,
v.
AGRICULTURAL AND FARMLAND PROTECTION BOARD OF ORANGE COUNTY, et al., respondents,Orange County Legislature, respondent-respondent.

Supreme Court, Appellate Division, Second Department, New York.

Feb. 23, 2010.

[896 N.Y.S.2d 127]

David B. Gilbert, Middletown, N.Y., for appellant.David L. Darwin, County Attorney, Goshen, N.Y. (Michael Rabiet of counsel), for respondents Agricultural and Farmland Protection Board of Orange County and Wayne A. Decker, as Legislator for the 13th District of Orange County, and respondent-respondent Orange County Legislature.Drake, Loeb, Heller, Kennedy, Gogerty, Gaba & Rodd, PLLC, New Windsor, N.Y. (Adam L. Rodd and Jennifer E. Wright of counsel), for respondents Gary W. Flieger, as Supervisor of Town of Deerpark, and Town of Deerpark.STEVEN W. FISHER, J.P., ANITA R. FLORIO, ARIEL E. BELEN, and L. PRISCILLA HALL, JJ.

[70 A.D.3d 1037] In a proceeding pursuant to CPLR article 78, inter alia, to review a determination of the Orange County Legislature dated August 7, 2008, which adopted a resolution denying the petitioner's application to have certain property that it owned in the Town of Deerpark included in Agricultural District No. 2 in the County of Orange, the petitioner appeals, as limited by its brief, from so much of an order and judgment (one paper) of the Supreme Court, Orange County (McGuirk, J.), dated March 4, 2009, as confirmed the determination, denied the petition [70 A.D.3d 1038] insofar as asserted against the Orange County Legislature, and dismissed the proceeding insofar as asserted against the Orange County Legislature.

ORDERED that the order and judgment is affirmed insofar as appealed from, with costs to the respondent-respondent.

In reviewing an administrative determination, a court must ascertain whether there is a rational basis for the action in question, or whether it is arbitrary and capricious ( see Matter of Pell v. Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 N.Y.2d 222, 231, 356 N.Y.S.2d 833, 313 N.E.2d 321; see also Matter of Peckham v. Calogero, 12 N.Y.3d 424, 431, 883 N.Y.S.2d 751, 911 N.E.2d 813). An action is arbitrary and capricious when it is taken without sound basis in reason or regard to the facts ( see Matter of Pell v. Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck,...