Genesis of Mount Vernon, N.Y., Inc. v. Zoning Board of Appeals

*998OPINION OF THE COURT

Nicholas Colabella, J.

In a hybrid proceeding pursuant to CPLR article 78 and action for declaratory judgment, petitioner seeks (1) to annul a determination by respondent Zoning Board of Appeals denying use and area variances, (2) to have declared unconstitutional certain provisions of section 267-2 of the City of Mt. Vernon Zoning Ordinance, and (3) to be awarded damages and counsel fees pursuant to 42 USC § 1983.

The controversy arises in connection with a plan by petitioner, a not-for-profit corporation, to build a congregate housing facility for the elderly, consisting…