Legal Opinion
Young Development, Inc. v. Town of West Seneca
Appellate Division of the Supreme Court of the State of New York
Decided January 31, 2012PublishedCited by 4 opinions
1Opinion of the Court
*1351Memorandum: Respondents appeal from a judgment granting the petition to annul the determination of respondent West Seneca Town Board (Board) denying petitioners’ application for a special use permit. Preliminarily, we reject respondents’ contention that the petition was not timely filed within 30 days of the Board’s determination pursuant to Town Law § 274-b (9). Rather, we conclude that, “[b]ecause the petition seeks to review the determination of the . . . Board, the four-month limitation period of CPLR 217 applies” (Matter of Sucato v Town Bd. of Boston, 187 AD2d 1045 [1992]), thus…
2Cases cited6 opinions
- Ifrah v. UtschigNew York Court of Appeals · 2002
- North Shore Steak House, Inc. v. Board of Appeals of the Incorporated Village of ThomastonNew York Court of Appeals · 1972
- Violet Realty, Inc. v. City of Buffalo Planning BoardAppellate Division of the Supreme Court of the State of New York · 2005
- Conway v. Town of Irondequoit Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2007
- Pelican Point LLC v. HooverAppellate Division of the Supreme Court of the State of New York · 2008
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3Cited by4 opinions
- Matter of Troy Sand & Gravel Co., Inc. v. FlemingAppellate Division of the Supreme Court of the State of New York · 2017
- Royal Management, Inc. v. Town of West SenecaAppellate Division of the Supreme Court of the State of New York · 2012
- Matter of Edwards v. Zoning Bd. of Appeals of Town of AmherstAppellate Division of the Supreme Court of the State of New York · 2018
- ROYAL MANAGEMENT, INC. v. TOWN OF WEST SENECAAppellate Division of the Supreme Court of the State of New York · 2012