Romeo v. Town Board

Appellate Division of the Supreme Court of New York

Romeo v. Town Board

250 A.D.2d 770, 672 N.Y.S.2d 778, 1998 N.Y. App. Div. LEXIS 5774

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 18, 1998

StatusPublished

This text of 250 A.D.2d 770 (Romeo v. Town Board) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Romeo v. Town Board, 250 A.D.2d 770, 672 N.Y.S.2d 778, 1998 N.Y. App. Div. LEXIS 5774 (N.Y. Ct. App. 1998).

Pincite

Opinion

—In a proceeding pursuant to CPLR article 78 to vacate a resolution of the respondent Town Board of the Town of Smithtown dated December 10, 1996, granting approval to a nonparty Story Book Homes to rezone its property, the petitioners appeal from a judgment of the Supreme Court, Suffolk County (Mullen, J.), dated March 27, 1997, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

The court properly dismissed this proceeding inasmuch as the rezoning of property is a legislative act and a proceeding pursuant to CPLR article 78 is an inappropriate vehicle for the relief requested (see, Matter of Belviso v Noto, 119 AD2d 820).

The petitioners’ remaining contentions are without merit. Bracken, J. P., Miller, O’Brien and Copertino, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

—In a proceeding pursuant to CPLR article 78 to vacate a resolution of the respondent Town Board of the Town of Smithtown dated December 10, 1996, granting approval to a nonparty Story Book Homes to rezone its property, the petitioners appeal from a judgment of the Supreme Court, Suffolk County (Mullen, J.), dated March 27, 1997, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

The court properly dismissed this proceeding inasmuch as the rezoning of property is a legislative act and a proceeding pursuant to CPLR article 78 is an inappropriate vehicle for the relief requested (see, Matter of Belviso v Noto, 119 AD2d 820).

The petitioners’ remaining contentions are without merit. Bracken, J. P., Miller, O’Brien and Copertino, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

250 A.D.2d 770, 672 N.Y.S.2d 778, 1998 N.Y. App. Div. LEXIS 5774, Counsel Stack Legal Research, https://law.counselstack.com/opinion/romeo-v-town-board-nyappdiv-1998.

Opinion

Related

Cite This Page — Counsel Stack