Bettman v. Michaelis

This article 78 (Civ. Prac. Act) proceeding seeks the review of a determination of the Board of Zoning Appeals of the Town of Hempstead. Mr. Justice Brennan, by decision dated December 13, 1960, granted respondents’ motion to dismiss the petition with leave to replead within 10 days. In purported compliance with that direction, a notice of motion, petition and affidavits dated December 24, 1960 were served on the Town Attorney. The town now moves to dismiss the December 24 notice of motion, contending that service upon the Town Attorney was insufficient, he not being a member of the Board of…