MATTER OF McCARTNEY v. INC. VILL. OF EAST WILLISTON


149 A.D.2d 597 (1989)

In the Matter of Charles P. McCartney, Appellant, v. Incorporated Village of East Williston, Respondent

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

April 17, 1989


Ordered that the order and judgment is modified, on the law, by adding thereto a provision that the dismissal is without prejudice to commencement of such action or proceeding against the Zoning Board of Appeals of the Village of East Williston as the petitioner deems advisable; as so modified, the order and judgment is affirmed, without costs or disbursements.

Inasmuch as the Zoning Board of Appeals of the Village of East Williston was not made a party to this proceeding...

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