In an action for a judgment declaring that the Building Zone Ordinance of the Incorporated Village of Old Westbury is invalid insofar as it restricts the plaintiff's property to a prescribed residential use and prevents the development of such property for business uses, and for other relief, plaintiff appeals from a judgment (inadvertently described as an order) of the Supreme Court, Nassau County, entered July 28, 1960, upon the decision of the court, after a nonjury trial, dismissing the complaint on the merits. On a prior appeal the legal sufficiency of the complaint had been determined ( Gardner v. Le Boeuf, 8 A.D.2d 736, revg. 14 Misc.2d 98; motion for leave to appeal dismissed 7 N.Y.2d 799). Judgment affirmed, with costs. No opinion. Ughetta, Acting P.J., Kleinfeld, Brennan, Hill and Rabin, JJ., concur. [ 24 Misc.2d 511.]