De Nicola v. Scarpelli

In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Board of Zoning Appeals of the Incorporated Village of New Hyde Park, which, after a hearing, imposed certain conditions upon the granting of petitioner’s application for a special use permit, the appeal is from a judgment of the Supreme Court, Nassau County (Roncallo, J.), entered March 28, 1984, which granted a motion to dismiss the petition on the ground that the proceeding was not timely commenced in accordance with Village Law § 7-712 (3).

Judgment reversed, with costs, motion denied, petition…