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In the Matter of John Carlile et al., Respondents, v. Lauren Waite, as Chair of Village of Skaneateles Zoning Board of Appeals, et al., Appellants

New York Supreme Court, Appellate Division1999-10-01
265 A.D.2d 889696 N.Y.S.2d 920

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

—Judgment unanimously affirmed without costs. Memorandum: We affirm for reasons stated in the decision at Supreme Court (Stone, J.). We add only that a CPLR article 78 proceeding is “not the proper vehicle to resolve contractual rights” (Automated Ticket Sys. v Quinn, 70 AD2d 726, 727, mod on other grounds 49 NY2d 792; see, Matter of City Constr. Dev. v Commissioner of N. Y. State Off. of Gen. Servs., 176 AD2d 1145), and any alleged contract rights or remedies must be asserted in a plenary action. (Appeal from Judgment of Supreme Court, Onondaga County, Stone, J. — CPLR art 78.) Present — Pine, J. P., Lawton, Wisner, Hurlbutt and Balio, JJ.