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MATTER OF EMMETT v. TOWN OF EDMESTON

2 N.Y.3d 817 (2004)

814 N.E.2d 430

781 N.Y.S.2d 260

In the Matter of JOHN J. EMMETT, JR., et al., Appellants, v. TOWN OF EDMESTON, Respondent, and DARRYL BARTON et al., Respondents.

Court of Appeals of the State of New York.

June 8, 2004.

Attorney(s) appearing for the Case

Vitanza, DiStefano & Dean, LLP, Norwich (Aaron A. Dean of counsel), for appellants.

Lester A. Sittler, Fly Creek, for Darryl Barton and another, respondents.

Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Petitioners' claims are directed at a Zoning Board of Appeals (ZBA) determination granting a variance. Petitioners cannot invoke the "relation back" doctrine (see CPLR 203 [b]) to avoid dismissal for failure to join the ZBA, a necessary party (see CPLR 1001, 1003). Use of the "relation back" doctrine requires "unity of interest" between...

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