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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

 

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