Sipala v. Zoning Board of Appeals

Respondent moves pursuant to section 1293 of the Civil Practice Act to dismiss a petition brought under article 78 of the Civil Practice Act, on the ground that the proceeding is barred by subdivision 7 of section 267 of the Town Law. It appears that the decision sought to be reviewed was filed by respondent on December 5, 1955. Thereafter, on January 3, 1956 petitioner obtained an order to show cause why said decision should not be reviewed. Service was made on the clerk of the respondent board on January 6, 1956, 32 days after the filing of the decision.

Subdivision 7 of section 267 of the…