Serota Brown Court II, LLC v. Town of Hempstead

*716In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Appeals of the Town of Hempstead dated December 6, 2006, which, after a hearing, denied the petitioners’ administrative appeal from the denial of their application, inter alia, for a building permit, and denied their application, in the alternative, for a special use permit for the processing or recycling of certain waste materials, the appeal is from a judgment of the Supreme Court, Nassau County (Murphy, J.), dated December 31, 2007, which granted the petition, annulled the determination, and remitted the…