SRW Associates v. Town Board of Brookhaven

In a proceeding pursuant to CPLR article 78 to review a determination of the Town Board of the Town of Brookhaven, dated October 16, 1984, which, after a hearing, denied the petitioner’s application for a zoning modification pursuant to Town Law § 281, (1) the Town Board and the Planning Board of the Town of Brookhaven appeal from a judgment of the Supreme Court, Suffolk County (Di Paola, J.), dated May 13, 1985, which denied their motion to dismiss the petition and granted the petition to the extent that the denial of the petitioner’s application for cluster zoning was declared to be null…