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  5. 147 A.D.2d 563 (1989)
 

MATTER OF KABINOFF v. VILL. OF HARRIMAN PLANNING BD.

147 A.D.2d 563 (1989)

In the Matter of Arthur Kabinoff, Appellant, v. Village of Harriman Planning Board, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 14, 1989

Ordered that on the court's own motion, the appellant's notice of appeal is treated as on application for leave to appeal, said application is referred to Justice Kunzeman, and leave to appeal is granted by Justice Kunzeman (CPLR 5701 [b] [1]); and it is further,

Ordered that the order is affirmed insofar as appealed from, with costs.

We reject the petitioner's contention that he was entitled to have his application for a special use permit deemed approved...

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