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Matter of Krenzer v. Town of Caledonia

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 8, 1996
233 A.D.2d 882 (N.Y. App. Div. 1996)

Opinion

November 8, 1996.

Judgment unanimously affirmed without costs,

Before: Present — Lawton, J.P., Fallon, Callahan, Balio and Davis, JJ.


Supreme Court properly dismissed the petition and found that respondent's denial of petitioner's application was based upon substantial evidence. We note that the court also could have dismissed the petition on the ground that this proceeding was untimely ( see, CPLR 304; Matter of Fry v Village of Tarry town, 226 AD2d 461, lv granted 88 NY2d 811; see also, William Ct." White Hill Rd. Homeowners Assn. v New York State Commr. of Mental Retardation Dev. Disabilities, 161 Mise 2d 552). Petitioners filed the order to show cause with the clerk of the court on July 5, 1995, 10 days after the Statute of Limitations had expired. Additionally, the failure of petitioners to include a return date on their petition is a jurisdictional defect ( see, Travis v New York State Dept. of Envtl. Conservation, 185 AD2d 714). (Appeal from Judgment of Supreme Court, Livingston County, Fisher, J. — CPLR art 78.)


Summaries of

Matter of Krenzer v. Town of Caledonia

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 8, 1996
233 A.D.2d 882 (N.Y. App. Div. 1996)
Case details for

Matter of Krenzer v. Town of Caledonia

Case Details

Full title:In the Matter of STEVEN KRENZER et al., Appellants, v. TOWN OF CALEDONIA…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Nov 8, 1996

Citations

233 A.D.2d 882 (N.Y. App. Div. 1996)
649 N.Y.S.2d 863

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