Opinion
October 6, 1975
In an action for a declaratory judgment, defendants appeal from a judgment of the Supreme Court, Suffolk County, entered June 27, 1974, which declared that (1) certain rezoning resolutions of the Islip Town Board, dated January 3, 1972 and February 22, 1972, were null and void and (2) the resolution of the said board, dated November 11, 1971, relating to plaintiff's property, remained in full force and effect. Judgment modified, on the law, by deleting therefrom the second decretal paragraph and substituting therefor a declaration of the invalidity of the resolution dated November 11, 1971. As so modified, judgment affirmed, without costs. Special Term's findings of fact are affirmed. The zoning resolution dated November 11, 1971 was never published as required by section 265 Town of the Town Law, and hence never became effective (see Barry v Town of Glenville, 8 N.Y.2d 1153, 1155; Sackett Lake Prop. Owners Assn. v Levine, 268 App. Div. 809, mot for lv to app den 294 N.Y. 645; Milano v Town of Patterson, 197 Misc. 457, 459; Village of Williston Park v Israel, 191 Misc. 6, affd 276 App. Div. 968, affd 301 N.Y. 713). It therefore cannot be in full force and effect. Plaintiff is, however, entitled to be returned to the status quo ante (Cooper v Dubow, 41 A.D.2d 843, mot for lv to app den 33 N.Y.2d 517). Rabin, Acting P.J., Hopkins, Christ, Munder and Shapiro, JJ., concur.