East Fishkill Federation for Environmental Conservation Today v. Ward

In a proceeding pursuant to CPLR article 78, inter alia, to review a determination of the respondent Zoning Board of Appeals of the Town of East Fishkill which, after a hearing, granted an application for a special permit, subject to certain conditions, petitioners appeal from a judgment of the Supreme Court, Dutchess County, dated July 20, 1976, which dismissed the petition on the ground of the defense of the Statute of Limitations set forth in subdivision 7 of section 267 of the Town Law. Judgment affirmed, with costs. The determination was jurisdictionally valid; the 30-day limitation…