Evans v. Gardner

Stewart F. Hancock, Jr., J.

Asserting that this court lacks jurisdiction, the respondents have moved to dismiss this proceeding to review a decision of the Board of Zoning Appeals for the Town of Camillus. They contend that the proceeding was improperly commenced pursuant to CPLR 312 by service of the *284petition upon Paul Weisse, a member of the board, instead of on Jack B. Gifford, the board’s duly appointed chairman.

CPLB 312 provides, insofar as applicable: “ Personal service upon a board or commission having a chairman or other presiding officer, secretary or ólerk, by whatever official title…