Appellate Division of the Supreme Court of the State of New York January 16, 2007 (R & V Development, LLC v. Town of Islip)

In a hybrid proceeding pursuant to CFLR article 78 to review a determination of the Town of Islip Zoning Board of Appeals, dated November 30, 2004, denying a rehearing of an application for certain area variances, and to compel the Town of Islip Zoning Board of Appeals to further consider the application, and an action, inter alia, for a judgment declaring that the Town of Islip Zoning Board of