Fairchild Corp. v. Boardman

*779In a proceeding, inter alia, pursuant to CPLR article 78 to review a determination of the Department of Transportation of State of New York dated May 26, 2004, denying the application of the petitioners, Fairchild Corporation and Stew Leonard’s Farmingdale, LLC, for a highway work permit, Joseph H. Board-man, as Commissioner of the Department of Transportation of State of New York, appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Suffolk County (Tanenbaum, J.), dated April 27, 2007, as granted the petition to the extent of vacating the determination dated May…