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Matter of Seidner v. Town of Colonie

Court of Appeals of the State of New York
Nov 17, 1981
55 N.Y.2d 613 (N.Y. 1981)

Opinion

Argued October 16, 1981

Decided November 17, 1981

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, LEONARD A. WEISS, J.

Ronald H. Sinzheimer for appellant.

Susan Marie Tatro, Town Attorney, for respondent.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

We agree with the court below that petitioner's article 78 proceeding is untimely. (Town Law, § 267, subd 7.) The record does not support petitioner's contention that the respondent Board of Zoning Appeals conducted a rehearing on her application for a variance. In this regard, there is no proof that a majority of the members of the respondent board ever voted on petitioner's request for a rehearing (Town Law, § 267, subd 6) or that a rehearing was held upon the notice required by subdivision 5 of section 267 of the Town Law. Although a letter from respondent's counsel alludes to "rehearings" having been held on petitioner's variance application, this statement, without more, does not establish that a rehearing actually took place. Thus, respondent's determination of March 20, 1979 was final for purposes of article 78, and the time within which to seek review thereof commenced when it was filed with the town clerk on March 21, 1979.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

Order affirmed, with costs, in a memorandum.


Summaries of

Matter of Seidner v. Town of Colonie

Court of Appeals of the State of New York
Nov 17, 1981
55 N.Y.2d 613 (N.Y. 1981)
Case details for

Matter of Seidner v. Town of Colonie

Case Details

Full title:In the Matter of ROSLYN F. SEIDNER, Appellant, v. TOWN OF COLONIE, BOARD…

Court:Court of Appeals of the State of New York

Date published: Nov 17, 1981

Citations

55 N.Y.2d 613 (N.Y. 1981)
446 N.Y.S.2d 249
430 N.E.2d 1302

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