LUCREZIA v. BOARD, APP., TOWN, HAVERSTRAW

ORDERED that the judgment is affirmed, with costs.

A court will apply the zoning ordinance currently in existence at the time a decision is rendered unless "special facts" are present to demonstrate that the municipality acted in bad faith and unduly delayed acting upon an application while the zoning law was being changed ( Matter of Pokoik v. Silsdorf, 40 N.Y.2d 769; Matter of Sexton v. Zoning Bd. of Appeals of Town of Oyster Bay, 300 A.D.2d 494, 496). Contrary to the appellants' contention, there are no special facts in this case that would warrant an exception to the general rule ( see Matter of Home Depot U.S.A. v. Village of Rockville Ctr., 295 A.D.2d 426, 428; Wiehe v. Town of Babylon, 169 A.D.2d 728, 729; cf. Matter of Miller v. Southhold Town, 190 A.D.2d 672; Matter of Huntington Ready-Mix Concrete v. Town of Southampton, 112 A.D.2d 161, 162-163).

The appellants' remaining contentions are without merit.

SMITH, J.P., LUCIANO, H. MILLER and TOWNES, JJ., concur.