Watt v. Town of Gaines
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The original petition should have been dismissed in part, however, for failure to name the Town Planning Board as a necessary party with respect to petitioner’s claim that the Planning Board’s denial of petitioner’s application for a special permit was arbitrary and capricious. Under the town’s zoning ordinance, only the Planning Board may grant or deny such a permit. Thus, the Planning Board is a necessary party if the denial of petitioner’s application is to be reviewed (see, CPLR 1001 [a]; Matter of Commco, Inc. v Amelkin, 62 NY2d 260, 263; Phillips v Village of Oriskany, 57 AD2d 110, 113;…
2Cases cited8 opinions
- Connell v. HaydenAppellate Division of the Supreme Court of the State of New York · 1981
- Prudential Insurance Co. of America v. StoneNew York Court of Appeals · 1936
- Commco, Inc. v. AmelkinNew York Court of Appeals · 1984
- Phillips v. Village of OriskanyAppellate Division of the Supreme Court of the State of New York · 1977
- D.B.C.G., Inc. v. Town of RamapoAppellate Division of the Supreme Court of the State of New York · 1983
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3Cited by9 opinions
- McNeill v. Town BoardAppellate Division of the Supreme Court of the State of New York · 1999
- Wooten v. StateAppellate Division of the Supreme Court of the State of New York · 2002
- Emmett v. Town of EdmestonAppellate Division of the Supreme Court of the State of New York · 2004
- Garden City Center Associates v. Incorporated VillageAppellate Division of the Supreme Court of the State of New York · 1993
- MONROE COUNTY v. NEW YORK STATE PUBLIC EMPLOYMENTAppellate Division of the Supreme Court of the State of New York · 2013
4 more not listed; retrieve them via the Exa API.