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MATTER OF ICAHN v. BOARD OF ZONING APPEALS OF THE VILLAGE OF EAST HAMPTON

268 A.D.2d 475 (2000)

701 N.Y.S.2d 920

In the Matter of CARL ICAHN, Appellant, v. BOARD OF ZONING APPEALS OF THE VILLAGE OF EAST HAMPTON et al., Respondents.

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

Decided January 18, 2000.

Ordered that the judgment is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

The petitioner's argument that the application of the respondent Nathan L. Halpern before the Board of Zoning Appeals of the Village of East Hampton was untimely was not made before that agency and, therefore, is not properly before this Court (see, Matter of Hughes v Suffolk County Dept. of Civ. Serv., 74 N.Y.2d...

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