Sucato v. Town Board of Boston

187 A.D.2d 1045, 590 N.Y.S.2d 363, 1992 N.Y. App. Div. LEXIS 14173

Opinion

Judgment unanimously reversed on the law with costs, motion denied and petition reinstated. Memorandum: In this CPLR article 78 proceeding, petitioner challenges the determination of the respondent Town Board that denied his building permit application for the construction of a multiple family dwelling. In granting respondents’ motion for summary judgment, Supreme Court determined that the 30-day limitation period for review of planning board approval of site plans was applicable to this special proceeding, rendering it untimely (see, Town Law § 274-a [3]). That was error. Because the petition seeks to review the determination of the Town Board, the four-month limitation period of CPLR 217 applies. When measured against that statute, the proceeding was timely commenced. (Appeal from Judgment of Supreme Court, Erie County, Sedita, J. — Article 78.) Present — Green, J. P., Pine, Boehm, Fallon and Doerr, JJ.