MATTER OF FARRELL v. JOHNSON


265 A.D.2d 862 (1999)

695 N.Y.S.2d 814

In the Matter of DANIEL J. FARRELL et al., Respondents, v. JAMES R. JOHNSON et al., Constituting ZONING BOARD OF APPEALS OF TOWN OF KIANTONE, Respondents, and SYGNET COMMUNICATIONS, INC., Intervenor Appellant.

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

Decided October 1, 1999.


Order unanimously affirmed with costs.

Memorandum:

Supreme Court did not abuse its discretion in allowing petitioners to submit a proposed order two days after expiration of the 60-day period set forth in 22 NYCRR 202.48. There is no evidence that petitioners intended to abandon the proceeding; the period of delay was brief and petitioners established that it would be inequitable to bar the late settlement of the proposed order (see, Matter of Village of...

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