Matter of Leitner v. Town of Oyster Bay Planning & Development Department

Summary

The Appellate Division, Second Department affirmed dismissal of a CPLR article 78 proceeding challenging a zoning variance and building permit in the Town of Oyster Bay. The court held that the challenge to the variance was untimely under Town Law § 267-c and CPLR 217, and that the administrative appeal from the building permit was untimely under Town Law § 267-a(5)(b).

Holdings

1. A CPLR article 78 challenge to the Zoning Board of Appeals' determination had to be commenced within 30 days after the determination was filed with the Town Clerk; because the determination was filed on July 18, 2012 and the proceeding was not commenced until June 13, 2013, the challenge was time-barred.
2. The administrative appeal challenging the building permit was untimely because Town Law § 267-a(5)(b) required the appeal to be taken within 60 days after filing of the administrative official's determination, and petitioners filed their appeal more than 60 days after the permit was issued.

Questions Presented

1. Whether the petitioners' CPLR article 78 challenge to the Zoning Board of Appeals' July 18, 2012 use-variance determination was timely.
2. Whether the petitioners' administrative appeal challenging the August 7, 2012 building permit was timely.

Disposition

affirmed