Joyce v. Dobson

This is an application asking for an order of certiorari under the Town Law to review the action of the zoning board of appeals of the town of Tonawanda. Certain orders have been abolished by the Civil Practice Act and relief can only be granted under article 78 of the Civil Practice Act.

The question is not raised as to whether article 78 of the Civil Practice Act abolishes writs of certiorari as provided in the Town Law, and upon either view the relief asked for is the same. Form is not vital, and a mistake of process will be disregarded. (Matter of Multiplex Garages, Inc., v. Walsh, 213…