You are here: / / Town Board Is Not a Proper Party In an Action Seeking Review of a Determination...
, ,

Town Board Is Not a Proper Party In an Action Seeking Review of a Determination Made by the Town’s Zoning Board

The Second Department noted that the Town Board is not a proper party to an action seeking review of a determination by the town’s Zoning Board.  The Zoning Board “is an independent, quasi-judicial, administrative arm of the Town … . The Town Board … had no jurisdiction to hear or determine the subject application and, in fact, neither heard nor determined it.” Matter of TAC Peek Equities, Ltd. v Town of Putnam Val. Zoning Bd. of Appeals, 2015 NY Slip Op 03547, 2nd Dept 4-29-15

 

You might also like
WHERE THERE IS NO PREJUDICE TO A DEFENDANT, PLAINTIFF’S MOTION FOR A VOLUNTARY DISCONTINUANCE WITHOUT PREJUDICE SHOULD BE GRANTED (SECOND DEPT).
DEFENDANTS’ AFFIDAVITS SUBMITTED IN REPLY TO CLAIMANT’S OPPOSITION TO DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT RAISED A QUESTION OF FACT; DEFENDANTS’ MOTION TO DISMISS THE CLAIM SHOULD NOT HAVE BEEN GRANTED (SECOND DEPT).
PETITIONERS CLOSE TO THE PROPOSED GAS STATION HAD STANDING TO CONTEST THE BOARD’S SEQRA RULING APPROVING CONSTRUCTION, SUPREME COURT PROPERLY FOUND THE BOARD’S APPROVAL WAS IMPROPER UNDER SEQRA (SECOND DEPT).
Flight Provided Justification for Pursuit.
THE COUNTY HAD TIMELY KNOWLEDGE OF THE NATURE OF PETITIONER’S EXCESSIVE-FORCE CLAIM AGAINST THE POLICE AND DID NOT DEMONSTRATE PREJUDICE FROM THE DELAY IN FILING A NOTICE OF CLAIM; THAT PETITIONER DID NOT HAVE AN ADEQUATE EXCUSE WAS NOT DETERMINATIVE; THE APPLICATION TO SERVE A LATE NOTICE OF CLAIM SHOULD HAVE BEEN GRANTED (SECOND DEPT).
Right-to-Intervene Criteria Explained (Criteria Not Met Here)
DEFENDANT PROPERTY OWNER DID NOT HAVE ACTUAL OR CONSTRUCTIVE NOTICE OF ANY DEFECTS IN THE CEILING THAT FELL ON PLAINTIFFS; THE RES IPSA LOQUITUR DOCTRINE DID NOT APPLY BECAUSE DEFENDANTS DID NOT HAVE EXCLUSIVE CONTROL OVER THE CONDITION (SECOND DEPT).
Ambiguity in Separation Agreement Construed Against Drafter

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 © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

Statutory Balancing Test Properly Applied In Denial of Area Variance Re: Lo... Court Has Discretion to Grant a Recess to Allow a Conference Between a Lawyer...