BLUMBERG v. NO. HEMPSTEAD


114 Misc.2d 8 (1982)

Barbara Blumberg, Petitioner, v. Town of North Hempstead et al., Respondents.

Supreme Court, Special Term, Nassau County.

May 10, 1982


Attorney(s) appearing for the Case

Hyman & Miner for petitioner. Angelo J. Mangia, Town Attorney, for respondents.


ELI WAGER, J.

When a member of a town board on her own initiative and without board authorization brings a proceeding against the town's board of zoning appeals pursuant to subdivision 7 of section 267 of the Town Law, is she acting within the scope of her "public employment or duties"? This is the primary issue raised on this motion by the respondent Town of North Hempstead and its Town Attorney to dismiss this article 78 proceeding in which the petitioner...

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