Bachety v. Volz

Petitioner, a duly elected Councilman of the Town of Babylon has commenced this article 78 proceeding seeking to annul a determination made by the respondents on September 30, 1970.

The proceeding itself is not before the court. The respondents have moved to dismiss the petition on two grounds and have not answered. Respondents first argue that the court is without jurisdiction since the petition and notice were served with insufficient time to answer and secondly assert that petitioner is not a party aggrieved.

If there was short service of the petition and notice by petitioner in this matter,…