Bay Isle Oil Co. v. Board of Zoning Appeals of Town of Islip

While I concur in affirmance, I believe it is necessary to express my view that our determination does not preclude an action to declare the zoning provision in issue here unconstitutional as applied.

In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Zoning Appeals of the Town of Islip that petitioners had abandoned a certain gasoline station use, petitioners appeal from a judgment of the Supreme Court, Suffolk County (Orgera, J.), entered December 2, 1981, which dismissed the petition. Judgment affirmed, with $50 costs and disbursements. No opinion. Damiani, J. P., Gulotta and O’Connor, JJ., concur.