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MATTER OF R & V DEVELOPMENT, LLC. v. TOWN OF ISLIP, ZONING BOARD OF APPEALS

36 A.D.3d 707 (2007)

826 N.Y.S.2d 579

In the Matter of R & V DEVELOPMENT, LLC, Appellant, v. TOWN OF ISLIP, ZONING BOARD OF APPEALS, Respondent.

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

Decided January 16, 2007.

Ordered that the judgment is affirmed, with costs.

The Supreme Court properly determined that the petitioner's proceeding challenging the discretionary determination of the Town of Islip Zoning Board of Appeals (hereinafter the Zoning Board) to treat the petitioner's application as one for a rehearing and to deny it, and for a judgment compelling the Zoning Board to further consider the application, was barred by the expiration...

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