Gold Mark 35 Associates v. Town of Somers

—In a hybrid proceeding pursuant to CPLR article 78 to review a determination of the Planning Board of the Town of Somers, dated April 9, 1997, which, after a hearing, denied the petitioner’s application for a special exception use permit and an action, inter alia, to recover damages under 42 USC § 1983, the appeal, as limited by the petitioner’s brief, is from so much of a judgment of the Supreme Court, Westchester County (Smith, J.), dated September 5, 1997, as, upon a determination that the denial of the petitioner’s application for a special exception use permit was proper, dismissed the…