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MATTER OF RODRIQUES v. McCLUSKEY

156 A.D.2d 369 (1989)

In the Matter of Joseph P. Rodriques et al., Appellants, v. Arthur M. McCluskey, as Supervisor of The Town of LaGrange, et al., Respondents

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

December 4, 1989

Ordered that the order is affirmed, without costs or disbursements.

The petitioners seek review of the denial of their application to rezone property. Such review, however, cannot be had in a CPLR article 78 proceeding because the denial of rezoning is a legislative action (see, Kasper v Town of Brookhaven, 122 A.D.2d 200; Matter of Belviso v Noto, 119 A.D.2d 820). The appropriate...

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