IN THE MATTER OF VEGA v. SCHEYER


18 A.D.3d 664 (2005)

795 N.Y.S.2d 670

In the Matter of JO-ELYNN VEGA et al., Appellants, v. RICHARD SCHEYER et al., Respondents.

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

May 16, 2005.


Town Law § 267-c (1) states, in pertinent part, that a proceeding pursuant to CPLR article 78 to review a determination of a zoning board of appeals "shall be instituted within [30] days after the filing of a decision of the board in the office of the town clerk." Here the petitioners did not commence their proceeding until more than five months after the respondents' decision was filed.

Contrary to the petitioners' contention, the statute of limitations was...

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