Appellate Division of the Supreme Court of the State of New York June 12, 1995 (Phillips v. Town of Brookhaven)

In an action, inter alia, for a judgment declaring that the rezoning of the plaintiffs’ property is unconstitutional, invalid, illegal, and void, the defendants appeal from an order of the Supreme Court, Suffolk County (Werner, J.), dated May 1, 1992, which *375denied their motion pursuant to CPLR 3211 (a) (7) to dismiss the complaint.