Estate Kadin v. Bennett

In a hybrid proceeding pursuant to CPLR article 78 and in an action pursuant to 42 USC § 1983, the petitioner appeals from so much of a judgment of the Supreme Court, Richmond County (Sangiorgio, J.), dated November 9, 1987, as, in effect, dismissed its second cause of action pursuant to 42 USC § 1983.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

In the petition’s second cause of action, it was alleged, pursuant to 42 USC § 1983, that the petitioner was deprived of procedural due process by the refusal of the respondent Board of Standards and Appeals of the City…