Opinion
2012-03-6
ROCKY POINT DRIVE–IN, L.P., respondent, v. TOWN OF BROOKHAVEN, et al., appellants.
Jaspan Schlesinger, LLP, Garden City, N.Y. (Maureen T. Liccione and Christopher D. Palmieri of counsel), for appellants. Bracken Margolin Besunder, LLP, Islandia, N.Y. (Linda U. Margolin and Kristen L. Ryan of counsel), for respondent.
Jaspan Schlesinger, LLP, Garden City, N.Y. (Maureen T. Liccione and Christopher D. Palmieri of counsel), for appellants. Bracken Margolin Besunder, LLP, Islandia, N.Y. (Linda U. Margolin and Kristen L. Ryan of counsel), for respondent.
In an action, inter alia, for a judgment declaring that the plaintiff is entitled to have its site plan application reviewed in accordance with the zoning designation that was in effect on the day the plaintiff's site plan application was filed, the defendants appeal from an order of the Supreme Court, Suffolk County (Sweeney, J.), dated October 22, 2010 which denied its motion to vacate a judgment entered on *918 January 22, 2010, pursuant to CPLR 5015(a) and in the interest of justice.
ORDERED that the appeal is dismissed as academic, without costs or disbursements.
This appeal has been rendered academic by our decision and order reversing the judgment ( see Rocky Point Drive–In, L.P. v Town of Brookhaven, –––A.D.3d ––––, ––– N.Y.S.2d ––––, 2012 WL 717237, Appellate Division Docket No. 2010–01714, decided herewith).