McDonald's Corp. v. Board of Trustees

Appeal (transferred to this Court by order of the Appellate Division, Second Department) from a judgment of the Supreme Court (Rosato, J.), entered August 6, 1991 in Westchester County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent denying petitioner’s request for a special permit.

In this CPLR article 78 proceeding, petitioner challenges respondent’s determination denying its application for a special permit to operate a drive-in restaurant within the Village of Elmsford, Westchester County. For the reasons…