In re Mahar Conditional Use Permit (Mary Lahiff, Carolyn Hallock, Susan Harritt and William Butler, Appellants)

¶ 1. Neighbors appeal the Environmental Division's order dismissing as untimely their appeal to that court from a decision of the Town of Jericho Development Review Board (DRB) granting a conditional use permit to applicant Kevin Mahar. On appeal, neighbors argue that the appeal was timely because they did not receive proper notice of either the hearing before the DRB or the resulting DRB decision. We conclude that at least some neighbors adequately raised a sufficient basis to reopen the appeal period and timely filed an appeal. Therefore, we reverse the dismissal and remand to the…