Knauf Shaw LLP, Rochester (Alan J. Knauf of counsel), for petitioner-plaintiff-appellant.

Erickson Webb Scolton & Hajdu, Lakewood (Paul V. Webb, Jr., of counsel), for respondents-defendants-respondents.

Appeal from a judgment of the Supreme Court, Chautauqua County (Frank A. Sedita, III, J.), entered April 6, 2017, in a proceeding pursuant to CPLR article 78 and a declaratory judgment action. The judgment denied and dismissed the petition-complaint of Sealand Waste LLC in its entirety.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: In this hybrid CPLR article 78 proceeding and declaratory judgment action, petitioner-plaintiff appeals from a judgment that, in effect, denied and dismissed its petition-complaint seeking, inter alia, a declaration that respondent-defendant Town of Carroll's Local Law No. 1 of 2007 (2007 Law) is null and void. We affirm. "[W]here, as here, 'there is a substantial identity of the parties, the two actions are sufficiently similar, and the relief sought is substantially the same, a court has broad discretion in determining whether an action should be dismissed pursuant to CPLR 3211 (a) (4) on the ground that there is another action pending' " (Matter of Goodyear v New York State Dept. of Health, 163 AD3d 1427, 1430 [4th Dept 2018]; see CPLR 7804 [f]). We conclude that Supreme Court did not abuse its discretion in dismissing the petition-complaint on that basis. Further, inasmuch as the 2007 Law has not been declared invalid, the court properly concluded that respondents-defendants did not act in an arbitrary and capricious manner in denying petitioner-plaintiff's application for certain permits on the ground that such permits related to a proposed expansion of a landfill that is not allowed pursuant to the 2007 Law. In light of our determination, we do not address petitioner-plaintiff's remaining contentions. Present—Centra, J.P., Peradotto, Carni, Lindley and Troutman, JJ.