Opinion
May 22, 1967
In an action to declare a certain amendment to the zoning ordinance of the Town of North Castle, enacted by the Town Board on December 23, 1965, illegal and unconstitutional, and, inter alia, for injunctive relief, plaintiffs appeal from a judgment of the Supreme Court, Westchester County, dated July 5, 1966, which dismissed the complaint on the merits. Judgment modified, on the law and the facts, by striking out the decretal provision therein that the complaint is dismissed and by substituting therefor: (a) a decretal paragraph declaring that the amendment to the zoning ordinance of the Town of North Castle, enacted December 23, 1965, which amendment rezoned certain property from two-acre residential use to a hotel-business use, is valid and constitutional; and (b) a decretal paragraph declaring that the amendment to the zoning ordinance of said town, enacted January 13, 1966, which eliminated hotel and motel use in certain zones in the town, is valid and constitutional. As so modified, judgment affirmed, with one bill of costs payable jointly to the respondents who filed separate briefs. ( Jewish Center of Mt. Vernon v. Mt. Eden Cemetery Assn., 12 N.Y.2d 773; Prendergast v. Gurevich, 11 N.Y.2d 1082; Lanza v. Wagner, 11 N.Y.2d 317, 334; Town Board of Town of Poughkeepsie v. City of Poughkeepsie, 22 A.D.2d 270, 276.) Ughetta, Acting P.J., Christ, Brennan, Rabin and Munder, JJ., concur.