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MATTER OF SOUTH SHORE AUDUBON SOC'Y, INC. v. BD. OF ZONING APPEALS OF THE TOWN OF HEMPSTEAD

185 A.D.2d 984 (1992)

In the Matter of South Shore Audubon Society, Inc., Appellant, v. Board of Zoning Appeals of the Town of Hempstead et al., Respondents

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

August 31, 1992

Ordered that the order and judgment is reversed, on the law, without costs or disbursements, the petition is granted, and the determinations are annulled.

The Supreme Court improperly determined that the petitioner was precluded by the applicable Statute of Limitations (see, Town Law § 267 [7]) from bringing this proceeding. The Board of Zoning Appeals of the Town of Hempstead granted the variances after only...

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