
    In the Matter of Joseph Mahoney et al., Appellants, v O’Shea Funeral Homes, Inc., et al., Respondents.
    Argued June 1, 1978;
    decided July 11, 1978
    
      APPEARANCES OF COUNSEL
    
      Frederick I. Abrams for appellants.
    
      Ira P. Sloane for O’Shea Funeral Homes, Inc., and another, respondents.
    
      W. Kenneth Chave, Jr., Town Attorney (Joseph C. Calabrese of counsel), for Town of Hempstead, respondent.
   OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

In light of the existence of commercially zoned lots in the area surrounding the subject premises, one of which was rezoned from residential to commercial as recently as 1970, we believe that the amendment to the zoning ordinance was not arbitrary and is, therefore, constitutional as applied. Unless shown to be arbitrary, the decision of the local legislative body to zone or rezone property is conclusive and beyond judicial interference. (McGowan v Cohalan, 41 NY2d 434, 438.)

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur in memorandum.

Order affirmed.  