Legal Opinion

Blumberg v. Town of North Hempstead

New York Supreme Court

Decided May 10, 1982PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

Eli Wager, J.

When a member of a town board on her own initiative and without board authorization brings a proceeding against the town’s board of zoning appeals pursuant to subdivision 7 of section 267 of the Town Law, is she acting within the scope of her “public employment or duties”? This is the primary issue raised on this motion by the respondent Town of North Hempstead and its Town Attorney to dismiss this article 78 proceeding in which the petitioner Barbara Blumberg seeks a judgment directing the town to provide for her defense in an action instituted against her as…

2Cases cited21 opinions

  1. Warth v. SeldinSupreme Court of the United States · 1975
  2. Seif v. City of Long BeachNew York Court of Appeals · 1941
  3. Cahn v. Town of HuntingtonNew York Court of Appeals · 1972
  4. Matter of Chapman v. . City of New YorkNew York Court of Appeals · 1901
  5. Corning v. Village of Laurel HollowNew York Court of Appeals · 1979

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3Cited by3 opinions

  1. Commco, Inc. v. AmelkinNew York Court of Appeals · 1984
  2. Carbone v. Town of BedfordAppellate Division of the Supreme Court of the State of New York · 1988
  3. Commco, Inc. v. AmelkinNew York Court of Appeals · 1984

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