OPINION OF THE COURT
MEMORANDUM.
The order of the Appellate Division should be affirmed, with costs.
Petitioners' claims are directed at a Zoning Board of Appeals (ZBA) determination granting a variance. Petitioners cannot invoke the "relation back" doctrine ( see CPLR 203 [b]) to avoid dismissal for failure to join the ZBA, a necessary party ( see CPLR 1001, 1003). Use of the "relation back" doctrine requires "unity of interest" between the party in the proceeding and the nonparty ( see Mondello v. New York Blood Ctr. — Greater N.Y. Blood Program, 80 NY2d 219, 226). Petitioners' claim that the Town and the ZBA are united in interest must fail because a town and a zoning board of appeals are independent of each other where, as here, the ZBA is acting in its "administrative capacity independent from the Town Board" ( Matter of Commco, Inc. v. Amelkin, 62 NY2d 260, 266).
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals ( 22 NYCRR 500.4), order affirmed, with costs, in a memorandum.