¶1Judgment 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.
142 A.D.2d 996
Carino v. Pilon
Appellate Division of the Supreme Court of the State of New York
Decided July 7, 1988
Appellate Division of the Supreme Court of the State of New York · decided 1988-07-07
Cited by 2 later decisions — most recently April 1993
Good law ✅— No negative treatment on recordhow we know
Decided 1988-07-07
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