A notice of motion and an unverified petition was served upon appellant on October 23, 1973 seeking relief by way of CPLR article 78 from the denial of a variance by the Zoning Board of Appeals of the Town of Halfmoon. The matter was returnable at a Special Term of Supreme Court to be held on November 5, 1973. Appellant made a timely motion to dismiss for failure to effect service at least 20 days before the return date (CPLR 7804, subd. [c]). On the return day, Special Term...
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