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MATTER OF HEYSLER v. PARK

167 A.D.2d 837 (1990)

In the Matter of Richard M. Heysler et al., Respondents, v. Steve Park et al., Constituting The Zoning Board of Appeals of the City of Sherrill, et al., Appellants

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

November 16, 1990

Judgment unanimously reversed on the law without costs and petition dismissed.

Memorandum:

Special Term should have dismissed this CPLR article 78 proceeding brought to annul the determination of respondent, Zoning Board, as untimely commenced.

The Zoning Ordinance requires a three-foot setback from the side and rear lot lines. Previously, petitioners requested an area variance to construct a new garage 1½ feet from the side and rear lot lines...

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