Appeal from a judgment of the Supreme Court (Rumsey, J.), entered January 21, 2005 in Cortland County, which granted petitioners’ application, in a proceeding pursuant to CFLR article 78, to annul a determination of respondent Board of Appeals, Town of Homer.
Initially, petitioners had standing to commence this proceeding. Standing is established when a petitioner shows injury-in-fact and such injury falls within the zone of interests to be protected by the ordinances at issue (see Matter of Center Sq. Assn., Inc. v City of Albany Bd. of Zoning Appeals, 9 AD3d 651, 652 [2004]). The harm must be direct and different from that suffered by the public at large (see id. at 652; Matter of Gallahan v Planning Bd. of City of Ithaca, 307 AD2d 684, 685 [2003], lv denied 1 NY3d 501 [2003]). A showdng of close proximity to the subject property presumptively establishes such harm (see Matter of Center Sq. Assn., Inc. v City of Albany Bd. of Zoning Appeals, supra at 652). Here, the only way respondents can gain access to their property is by traversing petitioners’ property on the easement and right-of-way, traveling within 150 feet of petitioners’ home. Interpretation of a zoning ordinance permitting respondents to have multiple employees and business vehicles utilizing that easement would directly affect petitioners in a way distinctly different from any harm to the general public. Thus, petitioners clearly had standing.
Petitioners were not required to appeal the CEO’s interpreta
Contrary to respondents’ contention and the CEO’s opinion at the public hearing,
Supreme Court properly determined that a pest extermination business does not qualify as a home professional office. The Town’s zoning ordinance defines a home professional office as “[t]he office of a resident professional person, such as a dentist, physician, musician, engineer, teacher, lawyer, artist, architect or members of other recognized professions, and licensed real estate and insurance agents and brokers, where such office is part of the residence building” (Homer Zoning Code § 109-1).
The legal question here is whether a pest exterminator is a “professional person” similar to those listed “or members of other recognized professions.” The Court of Appeals discussed the term “professional” as referring to “the learned professions, exemplified by law and medicine,” which share qualities including “extensive formal learning and training, licensure and regulation indicating a qualification to practice, a code of conduct imposing standards beyond those accepted in the marketplace and a system of discipline for violating those standards” (Chase Scientific Research v NIA Group, 96 NY2d 20, 29 [2001]; cf. Matter of Wexler v New York State Tax Commn., 129 AD2d 245, 247-248 [1987]). Although pest exterminators must be certified by the Department of Environmental Conservation (see 6 NYCRR part 325), licensure alone is insufficient to categorize an occupation as a profession without concomitant “extensive specialized education and training” (Chase Scientific Research v NIA Group, supra at 30). These certification requirements, as opposed to licensure for professions under the auspices of the Education Department, seem to exist more for the purpose of controlling dangerous chemicals than to regulate the practice of a profession. No proof was offered as to a code of ethics for exterminators, nor any system of discipline for violations of those standards. While each municipality’s zoning ordinance may have different language, in the zoning context courts have denied the status of profession to individuals engaged in other businesses (see e.g. Matter of Simon v Board of Appeals on Zoning of City of New Rochelle, 208 AD2d 931, 932 [1994] [management consultant]; Bond v Cooke, 237 App Div 229, 231-233 [1932] [undertaker]; see also Matter of Carbonara v Sacca, 45 AD2d 1006 [1974] [operation of karate school not a home occupation similar to list including music teacher]). Even though pest exterminators have industry publications, state and national associations and training or education requirements for certification, that occupation does not meet the definition of a profession under the ordinance, as opposed to being a simple business. Thus, Supreme Court correctly annulled the Board’s determination.
Mercure, J.P., Carpinello and Rose, JJ., concur. Ordered that the judgment is affirmed, without costs. (See 7 Misc 3d 607 (2005).]
Although the CEO determined that respondents’ proposed use was impermissible under the zoning ordinance, at the public hearing he advised the Board that he never determined whether pest control was a profession because he made his determination for other reasons.
