Vitolo v. Chave

In this article 78 CPLR proceeding petitioner seeks reversal of a decision of the respondent Board of Zoning Appeals which revoked a building permit for a restau*972rant granted to petitioner. In an earlier prohibition proceeding, petitioner sought to prevent the board from hearing the appeal of respondent Carman Community Association, Inc., on the ground that its appeal was not timely. In denying the writ of prohibition, this court ruled that since timeliness of the appeal depended, under the rule of Matter of Pansa v. Damiano (14 N Y 2d 356) and Matter of Highway Displays v. Zoning Bd. of…