In the Matter of Bay Isle Oil Company, Inc., et al., Appellants, v. Board of Zoning Appeals of the Town of Islip, Respondent

In the Matter of Bay Isle Oil Company, Inc., et al., Appellants, v Board of Zoning Appeals of the Town of Islip, Respondent. [MAJORITY] 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. [CONCURRENCE — Lazer, J., concurs in the result, with the following memorandum:] Lazer, J., concurs in the result, with the following memorandum: 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.