Maione v. Town of Clarkstown

— In a proceeding pursuant to CPLR article 78 to review a determination permitting a change of zoning of the subject premises, the appeal is from (1) an order of the Supreme Court, Rockland County (Kelly, J.), entered March 15, 1982, which, in effect, converted the proceeding to an action for a declaratory judgment and directed plaintiffs to serve an amended complaint alleging special damages, and (2) a judgment of the same court (Cerrato, J.), dated August 24, 1982, which, in effect, granted summary judgment to the defendants dismissing the amended complaint. Appeal from the order dismissed…