Ordered that the judgment is reversed, on the law, with costs, the petition is denied, and the determination is confirmed.
Subsequent to the Supreme Court's determination granting the petitioner's application for a special use permit, the relevant provisions of the Village zoning ordinance were amended. The ordinance now requires, inter alia, that one seeking a special use permit for an accessory apartment must have occupied the dwelling in question for a period of at least three years prior to the date of the application (Village of Buchanan Code § 54-2 [B]), a requirement with which the petitioner cannot establish compliance. Inasmuch as the law as it exists at the time a decision is rendered on appeal is controlling (see, Matter of Alscot Investing Corp. v. Board of Trustees, 64 N.Y.2d 921; Matter of Demisay, Inc. v. Petito, 31 N.Y.2d 896; Matter of McDonald's Corp. v. Village of Elmsford, 156 A.D.2d 687, 688-689; 2 Anderson, New York Zoning Law and Practice § 26.23, at 409-410 [3d ed]), the Supreme Court's judgment must be reversed, and the determination denying the special permit confirmed. Kunzeman, J.P., Kooper, Eiber and O'Brien, JJ., concur.