Majority
p. 889In the Matter of John Carlile et al., Respondents, v Lauren Waite, as Chair of Village of Skaneateles Zoning Board of Appeals, et al., Appellants. [696 NYS2d 920]
—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.
Cases cited
- Automated Ticket Systems v. Quinn 70 AD2d 726 at 727 p. 889
- Automated Ticket Systems, Ltd. v. Quinn 49 NY2d 792 p. 889
- City Construction Development, Inc. v. Commissioner of the New York State Office of General Services 176 AD2d 1145 p. 889