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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

 

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