Open Space Council, Inc. v. Planning Board of Brookhaven

—In a proceeding pursuant to CPLR article 78, inter alia, to review a determination of the respondent Planning Board of the Town of Brookhaven, dated February 21, 1995, granting site plan approval for a project designated the Brookhaven Town Center, the petitioners appeal from a judgment of the Supreme Court, Suffolk County (Berler, J.), entered August 8, 1996, which “denied [the petition] in its entirety”.

Ordered that the judgment is modified, on the law, by deleting from the decretal paragraph thereof the words “denied in its entirety” and substituting therefor the words “dismissed *379insofar…