McDonald's Corp. v. Kern

—In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Board of Zoning Appeals of the Town of Smith-town, which denied the petitioner’s application for a special exception use permit, the appeal is from a judgment of the Supreme Court, Suffolk County (Henry, J.), dated April 8,1998, which granted the petition, annulled the determination, and directed that the application be granted upon certain stated conditions. The judgment brings up for review an order of the Supreme Court, Suffolk County (Stark, J.), dated September 26, 1996, which reversed and annulled a…