Stockfield v. Town Board of Somers

In a proceeding pursuant to CPLR article 78 to review a resolution of the Town Board of the Town of Somers, inter alia, denying petitioners’ application to rezone their property entirely within the “NS” (Neighborhood Shopping) Business District, the appeal is from a judgment of the Supreme Court, Westchester County (Burchell, J.), entered January 2,1981, which dismissed the petition. Judgment reversed, without costs or disbursements, the proceeding is converted to an action for a declaratory judgment, with the petition deemed the complaint and the answer previously served being the answer…