Gregory v. Board of Appeals

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs, for the reasons stated in the memorandum of that court (87 AD2d 1000). We note, in addition, that the arguments now made concerning the “presumption of regularity” of the actions of government officials and the conclusive effect of petitioners’ failure to reply to the Statute of Limitations defense may not be raised for the first time on appeal to this court. Moreover, we find it unnecessary to determine whether a local zoning ordinance may limit the more general provisions of the Town Law…