Legal Opinion

Watt v. Town of Gaines

Appellate Division of the Supreme Court of the State of New York

Decided May 27, 1988PublishedCited by 9 opinions

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

  1. Connell v. HaydenAppellate Division of the Supreme Court of the State of New York · 1981
  2. Prudential Insurance Co. of America v. StoneNew York Court of Appeals · 1936
  3. Commco, Inc. v. AmelkinNew York Court of Appeals · 1984
  4. Phillips v. Village of OriskanyAppellate Division of the Supreme Court of the State of New York · 1977
  5. 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

  1. McNeill v. Town BoardAppellate Division of the Supreme Court of the State of New York · 1999
  2. Wooten v. StateAppellate Division of the Supreme Court of the State of New York · 2002
  3. Emmett v. Town of EdmestonAppellate Division of the Supreme Court of the State of New York · 2004
  4. Garden City Center Associates v. Incorporated VillageAppellate Division of the Supreme Court of the State of New York · 1993
  5. 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.

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