Seifried v. Town of Clarkstown

In a proceeding pursuant to article 78 of the CPLR, to review and to annul a determination of the Town Board of the Town of Clarkstown, in effect removing the petitioners from office as members of the Town Planning Board without cause shown and without a hearing, the petitioners appeal from an order of the Supreme Court, Rockland County, entered March 25, 1964, which on respondents’ motion, made before answer pursuant to statute (CPLR 7804, subd. [f]), dismissed the petition on the ground that the Town Board’s determination was a legislative act not reviewable by the court in an article 78…