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SUTHERLAND v. LALLI

143 A.D.2d 827 (1988)

David Sutherland et al., Appellants, v. Amedeo Lalli et al., Constituting The Planning Board of the Town of Washington, Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 17, 1988

Ordered that the judgment is affirmed insofar as appealed from, with costs.

The instant proceeding was commenced by service of an order to show cause and petition upon the board on December 20, 1986. As service was not effected until more than 30 days from the filing of the decision of the board, which occurred no later than November 11, 1986, the proceeding was not timely commenced and was properly dismissed (see, Town Law § 274-a [3]; § 282;

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