Belviso v. Noto
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Town Board of Babylon, dated July 3, 1984, denying the petitioner’s application for a zoning change, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (McCarthy, J.), entered January 29, 1985, which, inter alia, upon the respondents’ motion, dismissed the proceeding.
Judgment affirmed, without costs or disbursements.
The petitioner seeks review of a denial of his application to rezone his property. Such review, however, cannot be had in a CPLR article 78 proceeding, because the…
2Cases cited4 opinions
- Rodgers v. Village of TarrytownNew York Court of Appeals · 1951
- Amerada Hess Corp. v. LefkowitzAppellate Division of the Supreme Court of the State of New York · 1981
- Jaffe v. BurnsAppellate Division of the Supreme Court of the State of New York · 1978
- Amerada Hess Corp. v. LefkowitzNew York Court of Appeals · 1981
3Cited by2 opinions
- Rodriques v. McCluskeyAppellate Division of the Supreme Court of the State of New York · 1989
- Romeo v. Town BoardAppellate Division of the Supreme Court of the State of New York · 1998