OPINION OF THE COURT
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed, with costs, and declared that defendant is required to *918comply with the Town of Oyster Bay Building Code and Town of Oyster Bay Building Zone Ordinance (see, Incorporated Vil. of Nyack v Daytop Vil., 78 NY2d 500).
Concur: Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Hancock, Jr., and Bellacosa. Taking no part: Judge Titone.