You are here: / / Board of County Legislators is Necessary Party Re: Legality of Local L...
,

Board of County Legislators is Necessary Party Re: Legality of Local Law

The Second Department determined the Board of County Legislators was a necessary party in an action concerning the legality of a local law enacted by the Board:

A challenge to the procedures by which local legislation is enacted should be raised in a CPLR article 78 proceeding against the body which enacted it … . In view of the defendants’ challenge to the validity of the procedures by which the local law was enacted, the Board, as the body that enacted the local law, was a necessary party (see CPLR 1001[a]…). However, it appears that there are legal impediments to the defendants’ commencement of an action or proceeding against the Board without the Board’s consent (see Westchester County Charter § 158.11[3]). Under these circumstances, in the interest of fairness and judicial economy, we join the Board as a necessary party …, and direct the plaintiffs to effect service of process upon the Board, and serve the Board with all appropriate papers. Matter of Jenkins v Astorino, 2013 NY Slip Op 06684, 2nd Dept 10-16-13

 

You might also like
THE RELIGIOUS NOT-FOR-PROFIT CORPORATION, THE OWNER OF THE RESIDENCE PROVIDED FOR THE TORAH READER AND HIS FAMILY, WAS ENTITLED TO A REAL-PROPERTY-TAX EXEMPTION (SECOND DEPT).
PROOF OF AN UNCHARGED SEXUAL OFFENSE RELIED UPON FOR AN UPWARD DEPARTURE WAS INSUFFICIENT; LEVEL THREE ASSESSMENT REDUCED TO LEVEL TWO (SECOND DEPT).
PLAINTIFF VIOLATED THE VEHICLE AND TRAFFIC LAW BY MAKING A LEFT TURN DIRECTLY INTO DEFENDANT’S PATH OF TRAVEL WHEN DEFENDANT HAD A GREEN LIGHT; PLAINTIFF’S TESTIMONY THAT DEFENDANT WAS SPEEDING WAS NOT ENOUGH TO RAISE A QUESTION OF FACT (SECOND DEPT).
Landlord Failed to Demonstrate Assault on Tenant Was Not Foreseeable—Landlord’s Summary Judgment Motion Properly Denied
MOTION TO AMEND NOTICE OF CLAIM TO CORRECT THE ADDRESS OF THE ACCIDENT TWO YEARS AFTER THE CLAIM ACCRUED PROPERLY DENIED, PLAINTIFF DID NOT SHOW DEFENDANT WAS NOT PREJUDICED BY THE WRONG ADDRESS (SECOND DEPT).
WIFE ENTITLED TO SHARE OF HUSBAND’S SEPARATE PROPERTY WHICH WAS COMMINGLED WITH MARITAL FUNDS, WIFE ALSO ENTITLED TO SHARE OF APPRECIATION OF HUSBAND’S SEPARATE PROPERTY.
Family Offense Must Be Established by Fair Preponderance
ALTHOUGH DEFENDANTS MISSED THE DEADLINE AND THEREBY WAIVED THE RIGHT TO MEDICAL EXAMINATIONS OF PLAINTIFF, THE MOTION TO STRIKE THE NOTE OF ISSUE AND COMPEL AN EXAM SHOUD HAVE BEEN GRANTED (SECOND DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2025 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

Second Summary Judgment Motion Properly Denied—Not Based on Newly Discovered... Provision Requiring Nonincumbents to Reside in District Does Not Violate Equal...