Legal Opinion

Samuels v. Laufer

New York Supreme Court

Decided January 6, 1961PublishedCited by 1 opinion

1Opinion of the Court

William R. Brennan, Jr., J.

This court is constrained to grant the motion of the respondents to dismiss the petition as a matter of law because the proceeding was not commenced within 30 days after the filing of the decision of the Zoning Board of Appeals in the office of the Village Clerk (Village Law, § 179-b ; Civ. Prac. Act, art. 78, § 1293). That many limitations of time depend on notice of entry of decisions (cf. Matter of Atlantic Refining Co. v. Village of Sloan Bd. of Appeals, 13 Misc 2d 631, 635) does not invalidate statutes prescribing limitations based on entry or filing (some of…

2Cases cited2 opinions

  1. Atlantic Refining Co. v. Village of Sloan Board of AppealsNew York Supreme Court · 1958
  2. Pierce v. MannionAppellate Division of the Supreme Court of the State of New York · 1944

3Cited by1 opinion

  1. Incorporated Village of Westbury v. SamuelsNew York Supreme Court · 1965

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