Majority
p. 996Joseph A. Carino, Appellant, v Earl Pilon, as Chairman of the Zoning Board of Appeals of the Town of Deerfield, et al., Respondents.
Judgment unanimously affirmed without costs. Memorandum: We affirm for the reasons set forth in the memorandum at Special Term (O’Donnell, J.). We add only that a CPLR article 78 proceeding is not the proper proceeding in which to challenge the constitutionality of a zoning ordinance (Matter of Overhill Bldg. Co. v Delany, 28 NY2d 449 , 458). (Appeal from judgment of Supreme Court, Oneida County, O’Donnell, J.— art 78.) Present—Denman, J. P., Boomer, Pine, Lawton and Davis, JJ.
Cases cited
- Overhill Building Co. v. Delany 28 NY2d 449 at 458 p. 996