Ordered that the order is modified, on the law, by adding a provision thereto declaring that the action of the defendant denying the plaintiff's request for a zoning change was not improper; as so modified, the order is affirmed insofar as appealed from, with costs to the defendant.
Although this action was originally brought as a proceeding pursuant to CPLR article 78, Special Term appropriately converted it to an action for a declaratory judgment since the applicant...
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