Belviso v. Noto
Opinion of the Court
— In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Town Board of Babylon, dated July 3, 1984, denying the petitioner’s application for a zoning change, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (McCarthy, J.), entered January 29, 1985, which, inter alia, upon the respondents’ motion, dismissed the proceeding.
Judgment affirmed, without costs or disbursements.
The petitioner seeks review of a denial of his application to rezone his property. Such review, however, cannot be had in a CPLR article 78 proceeding, because the denial of rezoning is legislative action (see, Matter of Amerada Hess Corp. v Lefko
Case-law data current through December 31, 2025. Source: CourtListener bulk data.