Peekskill Suburbs, Inc. v. Morabito

—In a proceeding pursuant to CPLR article 78, inter alia, to review a determination of the Town Board of the Town of Cortlandt which denied petitioner’s request for a change of zoning of its property, petitioner appeals from a judgment of the Supreme Court, Westchester County, dated July 24, 1978, which denied the petition. Judgment modified, on the law, by deleting therefrom the provision denying the petition and adding thereto provisions (1) converting the proceeding into an action for a declaratory judgment and (2) declaring that the zoning ordinance, as it applies to petitioner’s…