Sheldon v. Stabile

This article 78 proceeding is brought: (1) to annul the resolution of the Town Board of Babylon which *408purportedly removed petitioners from their office as members of the Board of Appeals; (2) to reinstate petitioners as members of the Board of Appeals with seniority as of the date of their purported removal; and (3) to direct respondents to pay all back compensation due petitioners since their dismissal.

Petitioners contend the dismissal was arbitrary, capricious and illegal and without the due process prescribed by section 267 of the Town Law. The relevant portions of that section are as…