JAFFE v. BURNS


64 A.D.2d 692 (1978)

Paul D. Jaffe, Respondent, v. Richard E. Burns et al., Constituting The Town Board of the Town of New Castle, Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 31, 1978


Judgment reversed, on the law, with costs, and proceeding dismissed on the merits.

While it is not clear from petitioner's papers whether he requests an area variance or a rezoning of his property, in either event the petition should have been dismissed. If petitioner seeks to have his property rezoned, then he is in effect requesting legislative relief. There can be no CPLR article 78 review of the denial of essential legislative relief (Matter of Firestone v...

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