Bayer v. Zoning Board of Appeals

In aproceeding pursuant to CPLR article 78 to review a determination of the respondent Zoning Board of Appeals of the Village of Elmsford, dated October 29, 1985, which granted a variance to the. intervenor-respondent, the petitioner appeals from an order of the Supreme Court, Westchester County (Ferraro, J.), dated January 21, 1987, which dismissed the petition as time barred.

Ordered that the petitioner’s notice of appeal is treated as an application for leave to appeal, said application is referred to Presiding Justice Mollen and leave to appeal is granted by Presiding Justice Mollen (see,…