Maroney v. Friere

By this article 78 proceeding petitioners seek a judgment annulling the respondent board’s determination whereby it rejected their notice of appeal as untimely and thereby upheld the issuance of a building permit to respondents Ashley.

The permit in question was issued by the building inspector on November 28,1972. Petitioners, neighboring landowners, did not file their notice of appeal with the Zoning Board of Appeals until April 4,1973, some 127 days after the issuance of the permit and after the Ashleys had entered into a building contract.

On April 9, 1973 the Board of Appeals notified…