Appellate Division of the Supreme Court of the State of New York February 27, 2007 (Rocky Point Drive-in, L.P. v. Town of Brookhaven)

In an action, inter alia, for a judgment declaring that the plaintiffs site plan application for the subject property was subject to review under a zoning designation that was in effect prior to a rezoning, and to declare the rezoning of the property invalid, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Emerson, J.