Tatro v. Village of Malone

Appeal from that part of an order of the Supreme Court (Duskas, J.), entered January 8, 1990 in Franklin County, which granted plaintiffs’ motion to partially convert the action into a proceeding pursuant to CPLR article 78.

Plaintiffs commenced this action against defendant Village of Malone, its various agents and defendant James Yando, seeking, inter alia, annulment of a variance issued for a building on property in the Village owned by Yando. The complaint also sought actual and punitive damages from defendants for the injuries sustained by plaintiffs, the abutting property owners,…