Rodriques v. McCluskey

In a proceeding pursuant to CPLR article 78 to review a determination of the Town Board of the Town of LaGrange, which denied the petitioners’ application for a zoning change, the petitioners appeal from an order of the Supreme Court, Dutchess County (King, J.), entered August 23,1988, which dismissed the proceeding.

Ordered that the order is affirmed, without costs or disbursements.

The petitioners seek review of the denial of their application to rezone property. Such review, however, cannot be had in a CPLR article 78 proceeding because the denial of rezoning is a legislative action (see,…