Committee to Preserve the Character of Skaneateles v. Major

Judgment unanimously modified on the law and as modified affirmed without costs and judgment granted in accordance with the following Memorandum: Petitioner appeals from a judgment of Supreme Court that granted respondents’ motion for summary judgment dismissing the CPLR article 78 petition. In that petition, petitioner sought to invalidate respondents’ resolution rezoning a parcel of land owned by intervenor. Because that resolution was a legislative act, it may be challenged in a declaratory judgment action but not in an article 78 proceeding (see, Matter of Mayerat v Town Bd., 185 AD2d…