Legal Opinion
Caltagirone v. Zoning Board of Appeals
Appellate Division of the Supreme Court of the State of New York
Decided March 18, 2008Published
1Opinion of the Court
A person whose interest may be adversely affected by a potential judgment must be made a party in a CPLR article 78 proceeding (see CPLR 1001 [a]; Matter of Martin v Ronan, 47 NY2d 486, 490 [1979]; Matter of Cybul v Village of Scarsdale, 17 AD3d 462, 463 [2005]; cf. Matter of Red Hook/Gowanus Chamber of Commerce v New York City Bd. of Stds. & Appeals, 49 AD3d 749 [2008] [decided herewith]). Here, the Supreme Court, after correctly balancing the factors articulated in CPLR 1001 (b) (see Matter of Red Hook/Gowanus Chamber of Commerce v New York City Bd. of Stds. & Appeals, 5 NY3d 452 [2005]),…
2Cases cited8 opinions
- Red Hook/Gowanus Chamber of Commerce v. New York City Board of StandardsNew York Court of Appeals · 2005
- Martin v. RonanNew York Court of Appeals · 1979
- Karmel v. White Plains Common CouncilAppellate Division of the Supreme Court of the State of New York · 2001
- Ferruggia v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2004
- Cybul v. Village of ScarsdaleAppellate Division of the Supreme Court of the State of New York · 2005
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