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Matter of Schulz v. Town of Hopewell Zoning Bd. of Appeals
We agree with respondents that Supreme Court erred in denying that part of their motion with respect to the request for declaratory relief, and we therefore modify the judgment accordingly. "[P]etitioner[s] improperly sought a declaration [pursuant to CPLR article 30] inasmuch as that relief is not an available remedy for challenging an administrative determination" ( Matter of One Niagara LLC v City of Niagara Falls , 78 AD3d 1554, 1555 [4th Dept 2010]; see Matter of Potter v Town Bd. of Town of Aurora , 60 AD3d 1333, 1334 [4th Dept 2009], appeal dismissed 12 NY3d 882 [2009], lv denied 13 NY3…
Retrieving the full opinion text from the archive…
In the Matter of Margaret M. Potter Et Al., Appellants, Et Al., Petitioner,
v.
Town Board of Town of Aurora Et Al., Respondents. (Appeal No. 1.); In the Matter of Margaret M. Potter Et Al., Appellants, v. Town Board of Town of Aurora Et Al., Respondents. (Appeal No. 2.)
v.
Town Board of Town of Aurora Et Al., Respondents. (Appeal No. 1.); In the Matter of Margaret M. Potter Et Al., Appellants, v. Town Board of Town of Aurora Et Al., Respondents. (Appeal No. 2.)
New York Court of Appeals.
Jun 11, 2009.
910 N.E.2d 1006
2009 N.Y. LEXIS 1868
Published
Appeals dismissed, without costs, by the Court of Appeals, sua sponte, upon the ground that no substantial constitutional question is directly involved.