Appellate Division of the Supreme Court of the State of New York May 26, 1998 (Scannell v. Town Board of Smithtown)

—In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Town Board of the Town of Smithtown dated October 22, 1996, which granted the application of the proposed intervenor-respondent FMV Smithtown Associates for a zoning change, which proceeding was converted by the court into a declaratory judgment action, the plaintiffs appeal from an order of the Supreme