Gramuglia v. New York State Thruway Authority

—Mikoll, J. P.

Appeal from a judgment of the Supreme Court (Best, J.), entered December 21, 1992 in Montgomery County, which, inter alia, granted petitioners’ application, in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment, to annul a determination of respondent denying petitioners’ request for an on-premises sign permit.

Petitioners submitted an application dated September 6, 1991 for a permit to erect a Citgo sign on top of a bulk oil storage tank located within 100 feet of the Thruway right-of-way in the Village of Fultonville, Montgomery County. In the *850p…