E. Z. Builders, Inc. v. Jones

Petitioner proceeds, pursuant to article 78 of the CPLR, to compel the Zoning Board of Appeals of the Town of Smithtown to accept its applications for hearings on its appeals from the Town Building Inspector’s denial of building permits.

The Town Law (§ 267, subd. 2) contains the mandate that a Local Board of Appeals shall hear appeals and review administrative determinations. That direction is of no assistance to this petitioner, however, since the Zoning Board of Appeals has neither been named a party respondent nor has it been served (CPLR 7803, subds. 1, 3). For this reason, the court is…