Davlee Construction Corp. v. Brooks

This is an article 78 (Civ. Prac. Act) proceeding brought for the purpose of reviewing a determination of the Zoning Board of Appeals of the Town of Huntington. *138The determination sought to he reviewed was the denial of petitioner’s appeal to the Zoning Board of Appeals from a decision of the Building Inspector which had earlier denied petitioner’s application for a building permit.

The respondents, consisting of the members of the Zoning Board of Appeals and the Building Inspector, move pursuant to section 1293 of the Civil Practice Act to dismiss the petition upon the ground that it appears…