Beck v. Goodday

In a proceeding pursuant to article 78 of the CPLR to annul a determination of the Zoning Board of Appeals of the Town of Ramapo, the petitioner appeals from an order of the Supreme Court, Rockland County, entered August 25, 1964, which dismissed the petition upon the ground of lack of jurisdiction over the respondent board. Order reversed and motion denied, without costs, and without prejudice to assertion of the defense of lack of jurisdiction in the answer, if the respondent board be so advised; service of the answer is to be made within 10 days after entry of the order hereon. In our…