Judgment affirmed, without costs or disbursements.
The petitioner seeks review of a denial of his application to rezone his property. Such review, however, cannot be had in a CPLR article 78 proceeding, because the denial of rezoning is legislative action (see, Matter of Amerada Hess Corp. v Lefkowitz, 82 A.D.2d 882, lv dismissed 55 N.Y.2d 799; Jaffe v. Burns, 64 A.D.2d 692). The appropriate vehicle for such review is an action for a declaratory judgment (Matter of Amerada Hess Corp. v. Lefkowitz, supra; Jaffe v. Burns, supra). Accordingly, Special Term was correct in dismissing the proceeding. Finally, Special Term did not abuse its discretion in declining the opportunity to convert the proceeding to a declaratory judgment action pursuant to CPLR 103 (c) since the allegations in the petition were insufficient to make out a valid cause of action (Rodgers v. Village of Tarrytown, 302 N.Y. 115; Gordon v. Town of Huntington, 224 N.Y.S.2d 149) . Lazer, J.P., Mangano, Gibbons and Bracken, JJ., concur.