Zimmerman v. Kramer

This is a proceeding pursuant to article 78 of the Civil Practice Act to review a determination of the Board of Zoning and Appeals of the Town of North Hempstead, hereinafter sometimes called the respondents, in which a variance was granted to Evelyn Kupferman to install a swimming pool. The respondents move to dismiss the petition for the failure to join as a respondent, Evelyn Kupferman — an allegedly indispensable party.

The relief sought by the petitioner was formerly obtainable in a certiorari proceeding (Civ. Prac. Act, § 1283). It is for the review of a quasi-judicial determination…