Zarin & Steinmetz Obtains Dismissal of Article 78 Proceeding on Jurisdictional Grounds

David Steinmetz and Tim Rode successfully moved to dismiss, pursuant to CPLR 3211(a)(7), an Article 78 proceeding brought against Dakota Supply Corp., Bilotta Realty Construction, Briga Enterprises, Inc., Bilotta Realty of Westchester, Inc., and the Zoning Board of Appeal of the Town of Cortlandt. The case, Mastromonaco v. the Town of Cortlandt ZBA, required the Westchester County Supreme Court to analyze the scope of the ZBA’s appellate jurisdiction. The specific issue before the Court was whether a town code enforcement officer’s refusal to accede to a resident’s requests to issue numerous code violations alleged by that resident against a neighbor constituted a “determination” or “interpretation” that was appealable to the ZBA. The Court held that it did not, accepting Respondents’ argument that the Petitioner had failed to identify any decision that would trigger the ZBA’s appellate jurisdiction.

A copy of the decision is available here.