ORDERED that the judgment is affirmed, with costs.
The Supreme Court properly dismissed the petition based upon a local zoning ordinance which became effective during the pendency of this proceeding, prohibiting the construction of private heliports (see, Matter of Demisay, Inc. v. Petito, 31 N.Y.2d 896; Matter of Marasco v. Zoning Bd. of Appeals of Vil. of Westbury, 242 A.D.2d 724; Matter of Miller v. Southold Town, 190 A.D.2d 672; Matter of Shiloh Gospel Chapel v. Roer, 170 A.D.2d 608). Since the petitioner was not entitled to a permit for a private heliport as a matter of right prior to the enactment of the ordinance, this case does not fall within the so-called "special facts exception" (Matter of Pokoik v. Silsdorf, 40 N.Y.2d 769, 772; see, General Business Law — 249; Thomson Ind. v. Incorporated Vil. of Port Washington North, 32 A.D.2d 1072, affd 27 N.Y.2d 537). Accordingly, the existing ordinance is controlling (see, Preble Aggregate v. Town of Preble, 263 A.D.2d 849).
ALTMAN, J.P., H. MILLER, SMITH and COZIER, JJ., concur.