Appellate Division of the Supreme Court of the State of New York December 6, 2004 (D'Agostino Brothers Enterprises, Inc. v. Vecchio)

*370In a hybrid proceeding pursuant to CPLR article 78 to review a determination of the Town Board of the Town of Smithtown. dated July 18, 2002, which, after a hearing, denied the petitioner’s application for a special exception permit to operate a construction and demolition debris transfer station, and an action for a judgment declaring that a transfer station is a “junkyard” within the