Opinion
September 29, 1997
Appeal from Supreme Court, Nassau County (McCarty, J.).
Ordered that the appeal from the decision is dismissed as no appeal lies from a decision ( see, Schicchi v. Green Constr. Corp., 100 A.D.2d 509); and it is further,
Ordered that the judgment is reversed, on the law, the petition is denied, the determination is confirmed, and the proceeding is dismissed on the merits; and it is further,
Ordered that the appellants are awarded one bill of costs.
While the instant appeal was pending, the Code of the Village of Westbury (hereinafter the Code) was amended to prohibit the petitioner's proposed use for his site ( see, Local Laws, 1997, No. 1 of Village of Westbury §§ 50-149, 50-156). Absent certain exceptions that are not present in the case before us, the law as it exists at the time a decision is rendered on an appeal is controlling ( see, Matter of Buffolino v. Board of Zoning Appeals, 230 A.D.2d 794; Matter of Semerjian v. Vahradian, 186 A.D.2d 202; Matter of Hazzard v. Moraitis, 172 A.D.2d 763, 754; Matter of Shiloh Gospel Chapel v. Roer, 170 A.D.2d 608). Accordingly, the petitioner is no longer entitled to a building permit as of right. The petitioner failed to establish "special facts" indicating that the Village of Westbury acted in bad faith when it amended the Code, which would permit application of the prior zoning ordinance ( see, Matter of Pokoik v. Silsdorf, 40 N.Y.2d 769; Matter of Buffolino v. Board of Zoning Appeals, supra; Matter of Semerjian v. Vahradian, supra). Therefore, the Supreme Court's judgment must be reversed and the determination denying the petitioner's application for a permit confirmed.
Bracken, J.P., Rosenblatt, Goldstein and Luciano, JJ., concur.