This proceeding is described in the order to show cause as one brought under Article 78 of the CPLR. The relief demanded is a judgment ‘prohibiting the respondent, Joseph C. O'Reilly, as Village Engineer and Building Inspector of the Village of Larchmont, New York, from preventing the re-erection and maintenance of the petitioner's election poster sign on the premises described in the petition.’ There may be a question as to whether such relief is obtainable under
§ 7803 of the CPLR. The court notes, however, that there is annexed to the petition a letter from the respondent to the owner of the premises, dated October 7, 1964, asserting that the ‘sign ordinance’ of the village does not allow signs of the described type in a residential area, and directing its removal. The court will therefore treat the proceeding as one brought to review the respondent's determination under
CPLR § 7803, subdivision 3, of the statute.