Gelbard v. Board of Zoning Appeals of the Inc. Village of New Hyde Park

—In a proceeding pursuant to CPLR article 78, inter alia, to review an amended resolution of the respondent Board of Zoning Appeals of the Incorporated Village of New Hyde Park dated December 7, 1994, which, in effect, denied that part of the *420petitioners’ application for a special use permit which was for permission to perform motor vehicle body repair work at the subject premises, the petitioners appeal from an order and judgment (one paper) of the Supreme Court, Nassau County (Lockman, J.), entered January 30, 1996, which, upon granting the respondents’ motion to dismiss the proceeding as…