Appellate Division of the Supreme Court of the State of New York May 18, 1998 (Romeo v. Town Board)

—In a proceeding pursuant to CPLR article 78 to vacate a resolution of the respondent Town Board of the Town of Smithtown dated December 10, 1996, granting approval to a nonparty Story Book Homes to rezone its property, the petitioners appeal from a judgment of the Supreme Court, Suffolk County (Mullen, J.), dated March 27, 1997, which denied the petition and dismissed the proceeding.