Exxon Corp. v. Restiano

In a proceeding pursuant to CPLR article 78 to review a determination of the respondent City Council of the City of Yonkers, dated August 29, 1995, denying the petitioner’s application for a special exception use permit, the petitioner appeals from an order of the Supreme Court, Westchester County (Donovan, J.), entered February 27, 1996, which remitted the matter to the respondent City Council of the City of Yonkers for the creation of a more complete record.

Ordered that on the Court’s own motion the appellant’s notice of appeal is treated as an application for leave to appeal, and leave to…