South Woodbury Taxpayers Ass'n v. Town of Oyster Bay

In an action, inter alia, to declare invalid resolutions granting certain special exception permits, defendants Town of Oyster Bay and the members of the town board cross-appeal from so much of an order of the Supreme Court, Nassau County, dated September 25, 1979, as, in dismissing the complaint, granted plaintiff permission to apply for “leave to serve an amended pleading, which shall be labelled a ‘petition’ ”, pursuant to CPLR article 78 with respect to two of the challenged resolutions. Plaintiff has apparently abandoned its appeal from so much of said order as dismissed its complaint as…