Estate of Peter Horan v. Town of Smith-town

—In an action, inter alia, for a judgment declaring that the residential zoning classification of the plaintiffs property is unconstitutional and illegal, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Oliver, J.), dated December 23, 1999, as granted that branch of the plaintiffs motion which was for leave to serve and file an amended complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court providently exercised its discretion in granting that branch of the plaintiffs motion which was…