Matter of King Rd. Materials, Inc. v. Town Bd. of the Town of Rotterdam

Order affirmed, with costs (see Mobil Oil v. Incorporated Vil. of Roslyn Harbor, 69 Misc 2d 79, 83). The only questions raised and reached on this appeal concern the applicability of section 1684 of the Vehicle and Traffic Law and the determination of the Appellate Division treating the proceeding as an action for declaratory judgment.

Concur: Chief Judge Fuld and Judges Burke, Breitel, Jasen, Gabrielli, Jones and Wachtler.