MATTER OF SEIDNER v. Town of Colonie

OPINION OF THE COURT

Memorandum.

The . order of the Appellate Division should be affirmed, with costs.

We agree with the court below that petitioner’s article 78 proceeding is untimely. (Town Law, §267, subd 7.) The record does not support petitioner’s contention that the respondent Board of Zoning Appeals conducted a rehearing on her application for a variance. In this regard, there is no proof that a majority of the members of the respondent board ever voted on petitioner’s request for a rehearing (Town Law, §267, subd 6) or that a rehearing was held upon the notice required by subdivision 5…