Bonte v. Town Board of East Fishkill

—In a hybrid proceeding pursuant to CPLR article 78 to compel the Town Board of the Town of East Fishkill to process the petitioner’s application for approval of the operation of a helipad, and an action for a judgment declaring that the use of the petitioner’s property as a helipad may be undertaken without obtaining approval under General Business Law § 249 and the zoning ordinances of the Town of East Fishkill, the petitioner appeals from a judgment of the Supreme Court, Dutchess County (Beisner, J.), dated March 21, 1997, which dismissed the proceeding, and declared (1) that General…