Stoddard v. Town Board of Marilla

Judgment unanimously reversed, on the law, without costs, and petition dismissed. Memorandum: This article 78 proceeding was brought to review and annul respondent town board’s determination denying petitioner’s application to rezone a parcel of his land in the town and for judgment directing such rezoning. Instead of instituting the proceeding by order to show cause petitioner used a notice of motion returnable on January 15, 1975, 15 days after its date. Since CPLR 7804 (subd [c]) requires that such a notice be returnable "at least twenty days before the time at which the petition is…