Sucato v. Town Board of Boston

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…