EMB Enterprises, LLC v. Town of Riverhead

In a hybrid proceeding pursuant to CFLR article 78, inter alia, to review a resolution of the Town Board of the Town of Riverhead dated November 16, 2004, which changed the zoning map of the Town of Riverhead, and in the nature of mandamus to compel the approval of the petitioner’s site plan, and action for a judgment declaring that the resolution is invalid, the Town *690of Riverhead and the Town Board of the Town of Riverhead appeal, as limited by their brief, from so much of a judgment of the Supreme Court, Suffolk County (Burke, J.), dated December 27, 2007, as, upon a decision dated December…