Peckham Materials Corp. v. Westchester County

—In a hybrid proceeding pursuant to CPLR article 78, inter alia, to review certain air quality provisions of Westchester County Sanitary Code articles 13 and 21, and an action for a judgment declaring, among other things, that these provisions are unconstitutional, the appeal is from an order of the Supreme Court, Westchester County (Perone, J.), entered June 27, 2001, which converted the hybrid proceeding and action solely to an action for a declaratory judgment and denied the motion to dismiss the complaint. Justice McGinity has been substituted for the late Justice O’Brien (see 22 NYCRR…