Jaffe v. Burns

In a proceeding pursuant to CPLR article 78 to review a determination of the Town Board of the Town of New Castle, which denied petitioner’s application to remove or alter a buffer zone on his property, the appeal is from a judgment of the Supreme Court, Westchester County, dated June 16, 1977, which, inter alia, annulled the determination of the town board. Judgment reversed, on the law, with costs, and proceeding dismissed on the merits. While it is not clear from petitioner’s papers whether he requests an area variance or a rezoning of his property, in either event the petition should have…