Opinion
March 31, 1986
Appeal from the Supreme Court, Rockland County (Slifkin, J.).
Order affirmed insofar as appealed from, with costs.
This is an action for a judgment declaring the invalidity of an amendment of a zoning ordinance. Because it seeks review of an action of the Town Board of the Town of Orangetown acting in its legislative capacity, which cannot be the subject of review pursuant to CPLR article 78 (see, Matter of Southern Dutchess Country Club v. Town Bd., 25 A.D.2d 866, affd 18 N.Y.2d 870; Amerada Hess Corp. v. Acampora, 109 A.D.2d 719; Matter of Stockfield v. Town Bd., 87 A.D.2d 633; Matter of Amerada Hess Corp. v. Lefkowitz, 82 A.D.2d 882, lv dismissed 55 N.Y.2d 799; Jaffe v. Burns, 64 A.D.2d 692), the four-month statutory period which governs proceedings commenced against a body or officer, unless a shorter time is provided (CPLR 217), is inapplicable here and the motion to dismiss the plaintiffs' second cause of action as time barred was properly denied. Mollen, P.J., Thompson, Rubin and Spatt, JJ., concur.