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MATTER OF FICALORA v. PLANNING BOARD OF THE TOWN OF EAST HAMPTON

262 A.D.2d 320 (1999)

691 N.Y.S.2d 538

In the Matter of ROBERT A. FICALORA, Appellant, v. PLANNING BOARD OF THE TOWN OF EAST HAMPTON et al., Respondents.

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

Decided June 1, 1999.

Ordered that the judgment is affirmed, with costs.

The determinations to issue the subject permits were neither arbitrary nor capricious (see, Matter of Johnson v Village of Westhampton Beach, 244 A.D.2d 335). In any event, so much of the proceeding as sought to review the determination dated June 4, 1997, is time-barred, since it was not commenced within 30 days of June 5, 1997, the date that determination was filed with...

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