Taylor Tree, Inc. v. Town of Montgomery

—In a proceeding pursuant to CPLR article 78, in effect, to prevent the respondents from interfering with the operation of the petitioner’s wood-chipping business pending a determination of the petitioner’s application for a special exception use permit, the petitioner appeals, as limited by its brief, from so much of a judgment of the Supreme Court, Orange County (Slobod, J.), dated April 8, 1997, as, upon dismissing the petition as academic, denied its motion to dismiss the respondents’ counterclaim for a judgment declaring that the petitioner’s application is subject to the provisions of…