Appellate Division of the Supreme Court of the State of New York May 10, 2004 (Metro Enviro Transfer v. Village of Croton-on-Hudson)

*626In a proceeding pursuant to CPLR article 78 to review a determination of the Village Board of Trustees of the Village of Croton-on-Hudson, dated January 27, 2003, which denied the petitioner’s application for renewal of a special use permit to operate a construction and demolition debris waste transfer station, the Village of Croton-on-Hudson and the Village Board of Trustees appeal, as