Scannell v. Town Board of Smithtown

—In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Town Board of the Town of Smithtown dated October 22, 1996, which granted the application of the proposed intervenor-respondent FMV Smithtown Associates for a zoning change, which proceeding was converted by the court into a declaratory judgment action, the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Cohalan, J.), dated June 10, 1997, which, inter alia, determined that the plaintiffs lacked standing, and thereupon dismissed the complaint.

Ordered that the order is affirmed, with…