Blumberg v. Town of North Hempstead, 114 Misc. 2d 8
Jan 01, 1982OUTCOME: The Town was successful.
Town Board member Blumberg on her own initiative and without Town Board approval initiated an Article 78 Proceeding against the Town's Board of Zoning Appeals. The suit challenged the BZA's granting o ... f a use variance. When the petition was dismissed, the developer brought a malicious prosecution suit against the Town Board member. The Board member argued that she was acting within the scope of her public employment and that the Town should reimburse her expense to retain outside counsel to defend her in the malicious prosecution suit, when the Town Attorney declined to represent her in that suit.
