Bogensberger v. Town Board of the Town of Brookhaven

—In a hybrid proceeding pursuant to CPLR article 78 to review determinations of the Town Board of the Town of Brookhaven granting applications to repeal a recorded covenant and restriction and to rezone the subject property, and an action for a judgment declaring these determinations invalid, the petitioners appeal from a judgment of the Supreme Court, Suffolk County (Berler, J.), entered October 22, 1992, which, inter alia, dismissed the proceeding and action.

Ordered that the judgment is affirmed, with one bill of costs.

This case involves two applications by the owner of a parcel of land to…