Seifried v. Town of Clarkstown

Appellate Division of the Supreme Court of New York

Seifried v. Town of Clarkstown

23 A.D.2d 795, 259 N.Y.S.2d 202, 1965 N.Y. App. Div. LEXIS 4373

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

DecidedApril 26, 1965

StatusPublished

Cited by3 cases

This text of 23 A.D.2d 795 (Seifried v. Town of Clarkstown) 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

Seifried v. Town of Clarkstown, 23 A.D.2d 795, 259 N.Y.S.2d 202, 1965 N.Y. App. Div. LEXIS 4373 (N.Y. Ct. App. 1965).

Pincite

Opinion

In a proceeding pursuant to article 78 of the CPLR, to review and to annul a determination of the Town Board of the Town of Clarkstown, in effect removing the petitioners from office as members of the Town Planning Board without cause shown and without a hearing, the petitioners appeal from an order of the Supreme Court, Rockland County, entered March 25, 1964, which on respondents’ motion, made before answer pursuant to statute (CPLR 7804, subd. [f]), dismissed the petition on the ground that the Town Board’s determination was a legislative act not reviewable by the court in an article 78 proceeding. Order reversed, with $10 costs and disbursements, and respondents’ motion denied. Respondents’ time to answer the petition is extended until 30 days after entry of the order hereon. In our opinion, the Town Board’s action was administrative and not legislative. By abolishing the then existing Planning Board and immediately appointing a new Planning Board with different members, the Town Board in effect removed petitioners from office without cause and without a public hearing, in contravention of section 271 of the Town Law. Under such circumstances, an article 78 proceeding is petitioners’ proper remedy (CPLR 7803). We find the petition sufficient in law. Beldock, P. J., Ughetta, Hill, Rabin and Benjamin, JJ., concur.

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In a proceeding pursuant to article 78 of the CPLR, to review and to annul a determination of the Town Board of the Town of Clarkstown, in effect removing the petitioners from office as members of the Town Planning Board without cause shown and without a hearing, the petitioners appeal from an order of the Supreme Court, Rockland County, entered March 25, 1964, which on respondents’ motion, made before answer pursuant to statute (CPLR 7804, subd. [f]), dismissed the petition on the ground that the Town Board’s determination was a legislative act not reviewable by the court in an article 78 proceeding. Order reversed, with $10 costs and disbursements, and respondents’ motion denied. Respondents’ time to answer the petition is extended until 30 days after entry of the order hereon. In our opinion, the Town Board’s action was administrative and not legislative. By abolishing the then existing Planning Board and immediately appointing a new Planning Board with different members, the Town Board in effect removed petitioners from office without cause and without a public hearing, in contravention of section 271 of the Town Law. Under such circumstances, an article 78 proceeding is petitioners’ proper remedy (CPLR 7803). We find the petition sufficient in law. Beldock, P. J., Ughetta, Hill, Rabin and Benjamin, JJ., concur.

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Bluebook (online)

23 A.D.2d 795, 259 N.Y.S.2d 202, 1965 N.Y. App. Div. LEXIS 4373, Counsel Stack Legal Research, https://law.counselstack.com/opinion/seifried-v-town-of-clarkstown-nyappdiv-1965.

Opinion

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