Opinion
Argued April 26, 1973
Decided May 31, 1973
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, D. VINCENT CERRITO, J.
Robert S. Stewart for appellant.
George V. Palmer, Town Attorney ( Sebastiano P. Occhino of counsel), for respondent.
Louis J. Lefkowitz, Attorney-General ( Ruth Kessler Toch and Grace K. Banoff of counsel), amicus curiae.
Order affirmed, with costs (see Mobil Oil v. Incorporated Vil. of Roslyn Harbor, 69 Misc.2d 79, 83). The only questions raised and reached on this appeal concern the applicability of section 1684 of the Vehicle and Traffic Law and the determination of the Appellate Division treating the proceeding as an action for declaratory judgment.
Concur: Chief Judge FULD and Judges BURKE, BREITEL, JASEN, GABRIELLI, JONES and WACHTLER.