May 27, 2009 | New York Law Journal
Zoning and Land Use PlanningAnthony S. Guardino, a partner at Farrell Fritz, reviews recent Court of Appeals decisions on joinder that make it clear that an Article 78 proceeding may be dismissed if one or more necessary parties was not named as a party to the proceeding prior to the expiration of the applicable limitations period. Petitioners and respondents in these matters should carefully analyze whether all necessary parties have been joined, and make appropriate motions in the event they decide that a necessary party has, in fact, not been joined.
By Anthony S. Guardino
11 minute read