Greco v. Trincellito

Appeal from a judgment of the Supreme Court (Torraca, J.), entered December 9, 1991 in Ulster County, which, in a proceeding pursuant to CPLR article 78, granted a cross motion by Roadway Express, Inc. to dismiss the petition as time barred.

In a prior proceeding, Roadway Express, Inc. sought review of the denial of its request for a variance from a building moratorium which the Town of Saugerties in Ulster County had adopted pending the enactment of a zoning ordinance. Roadway’s application for a building permit had been submitted more than two weeks before the effective date of the…