Appellate Division of the Supreme Court of the State of New York June 14, 1999 (Sisters of the Order of St. Dominic v. Town of Babylon Zoning Board of Appeals)

—In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Town of Babylon Zoning Board of Appeals, dated September 30, 1998, which, after a hearing, denied the petitioner’s application to reconfigure existing space on its property as a child day-care center, the appeal is from a judgment of the Supreme Court, Suffolk County (Underwood, J.