Darswan, Inc. v. Capellini

— In a proceeding pursuant to CPLR article 78, inter alia, to review a determination of the respondent town board, dated July 20, 1976, which rejected a site plan for a regional shopping mall, petitioner appeals from a judgment of the Supreme Court, Westchester County, entered March 2, 1977, which, inter alia, confirmed the determination, except for so much thereof as dismissed the ninth affirmative defense contained in the intervenors’ answer. Judgment reversed insofar as appealed from, on the law, without costs or disbursements, and proceeding remanded to Special Term for a hearing and new…