Appellate Division of the Supreme Court of the State of New York October 20, 2009 (East Moriches Property Owners' Ass'n v. Planning Board of Town of Brookhaven)

In a hybrid proceeding pursuant to CPLR article 78 to review two determinations of the Planning Board of the Town of Brook-haven, both dated August 20, 2007, which, inter alia, granted the application of McLean-Katter, LLC, for site plan approval and issued a negative declaration pursuant to the State Environmental Quality Review Act (ECL art 8), and action for a judgment declaring that the site