Opinion
May 10, 1999
Appeal from the Supreme Court, Nassau County (DiNoto, J.).
Ordered that the appeal from the order dated March 6, 1998, is dismissed, without costs or disbursements, as that order was superseded by the order dated July 23, 1998, made upon reargument; and it is further,
Ordered that the appeal from the order dated July 23, 1998, is dismissed, without costs or disbursements, as that order was superseded by the amended order dated July 23, 1998; and it is further,
Ordered that the amended order dated July 23, 1998, is affirmed, without costs or disbursements.
The plaintiff alleged, inter alia, that officials of the defendant Incorporated Village of Mineola unconstitutionally applied a zoning ordinance to deprive it of a vested right to continue a pre-existing, nonconforming use which was permitted under a valid certificate of occupancy. Under the circumstances of this case, we conclude that the Supreme Court properly determined that the plaintiff was not required to exhaust administrative remedies before commencing this action for a declaratory judgment ( see, Polak v. Kavanah, 48 A.D.2d 840).
The defendants' remaining contentions are without merit.
Bracken, J. P., Thompson, Goldstein and Florio, JJ., concur.