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MENDON PONDS NEIGHBORHOOD ASSOCIATION v. DEHM

98 N.Y.2d 745 (2002)

781 N.E.2d 883

751 N.Y.S.2d 819

In the Matter of MENDON PONDS NEIGHBORHOOD ASSOCIATION et al., Appellants, v. RICHARD DEHM et al., Constituting the Town of Mendon Zoning Board of Appeals, et al., Respondents, and CHARLES SPENCER et al., Intervenors-Respondents.

Court of Appeals of the State of New York.

Decided October 17, 2002.

Attorney(s) appearing for the Case

Nixon Peabody LLP, Rochester (Thomas C. Greiner, Jr., and James A. Hoare of counsel), for appellants.

Chamberlain D'Amanda Oppenheimer & Greenfield, Rochester (George D. Marron and Sheldon W. Boyce), for respondents.

Jones & Skivington, LLC, Geneseo (Peter K. Skivington of counsel), for Charles Spencer and another, intervenors-respondents.

Michael J. Tobin, Honeoye Falls, for D.R.M. Development, Inc., intervenor-respondent.

Before: Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

In June 2001, appellants attempted to commence a CPLR article 78 proceeding challenging a ruling by the Town of Mendon Zoning Board of Appeals. It is undisputed that the appellants went to the Monroe County Clerk's office, paid a fee of $170 and obtained an index number. Appellants then submitted a petition and notice of petition to the office of...

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