Legal Opinion

Mosher v. Town of Southport Zoning Board of Appeals

Appellate Division of the Supreme Court of the State of New York

Decided March 4, 2004PublishedCited by 5 opinions

1Opinion of the CourtCarpinello, J.

Appeal from a judgment of the Supreme Court (O’Shea, J.), entered December 13, 2002 in Chemung County, which, in a proceeding pursuant to CPLR article 78, dismissed the petition as time-barred.

Petitioners commenced this CPLR article 78 proceeding to challenge the approval by respondent Town of Southport Zoning Board of Appeals (hereinafter ZBA) of a use variance sought by respondent Cheryl A. Westervelt. The ZBA considered and approved Westervelt’s application at its May 15, 2002 meeting, and the draft minutes of this meeting were filed with the Town Clerk on or about June 4, 2002. These…

2Cases cited4 opinions

  1. Matter of Kennedy v. Zoning Bd. of Appeals of the Vill. of Croton-On-HudsonNew York Court of Appeals · 1991
  2. City of Saratoga Springs v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2001
  3. Sullivan v. DunnAppellate Division of the Supreme Court of the State of New York · 2002
  4. Cuyle v. Town Board of OxfordAppellate Division of the Supreme Court of the State of New York · 2003

3Cited by5 opinions

  1. Shepherd v. MaddaloniAppellate Division of the Supreme Court of the State of New York · 2013
  2. 92 MM Motel, Inc. v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2011
  3. Alper Restaurant Inc. v. Town of Copake Planning BoardAppellate Division of the Supreme Court of the State of New York · 2017
  4. Alper Restaurant Inc. v. Town of Copake Planning BoardAppellate Division of the Supreme Court of the State of New York · 2017
  5. Shepherd v. MaddaloniAppellate Division of the Supreme Court of the State of New York · 2013

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