IN RE WALLKILL

Ordered that the appeal is dismissed as academic, without costs or disbursements.

The petitioners/plaintiffs commenced this hybrid proceeding and action to challenge a determination of the Planning Board of the Town of Wallkill (hereinafter the Planning Board) which granted E. Tetz and Sons, Inc., a special use permit and conditional final site plan approval in connection with the construction of an asphalt plant asserting, inter alia, that the approvals were granted despite the Planning Board's failure strictly to comply with the State Environmental Quality Review Act (ECL art 8). We dismiss the appeal as academic for the reasons stated in our decision and order on a companion appeal ( see Matter of Wallkill Cemetery Assoc., v Town of Wallkill Planning Bd., 73 AD3d 1189 [decided herewith]).