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SEIDNER v. Town of Colonie

In the Matter of Roslyn F. Seidner, Appellant, v. Town of Colonie, Board of Zoning Appeals, Respondent

Seidner v. Town of Colonie, 430 N.E.2d 1302 (N.Y. 1981)
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Court
New York Court of Appeals · State Highest Courts
Decided
November 17, 1981
Judges
Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer Concur
Citations
430 N.E.2d 130255 N.Y.2d 613446 N.Y.S.2d 2491981 N.Y. LEXIS 3212

Opinion

OPINION OF THE COURT Memorandum.

The . order of the Appellate Division should be affirmed, with costs.

*615 We agree with the court below that petitioner’s article 78 proceeding is untimely. (Town Law, §267, subd 7.) The record does not support petitioner’s contention that the respondent Board of Zoning Appeals conducted a rehearing on her application for a variance. In this regard, there is no proof that a majority of the members of the respondent board ever voted on petitioner’s request for a rehearing (Town Law, §267, subd 6) or that a rehearing was held upon the notice required by subdivision 5 of section 267 of the Town Law. Although a letter from respondent’s counsel alludes to “rehearings” having been held on petitioner’s variance application, this statement, without more, does not establish that a rehearing actually took place. Thus, respondent’s determination of March 20,1979 was final for purposes of article 78, and the time within which to seek review thereof commenced when it was filed with the town clerk on March 21, 1979.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed, with costs, in a memorandum.

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Cited by 23 cases

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1982: 41983: 11984: 11985: 21986: 31987: 31989: 11992: 11993: 11995: 21997: 11998: 12003: 12007: 119822026peak 1982 · 4

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  1. MCI Telecommunications Corp. v. Public Service Commission231 A.D.2d 284 (1997)
  2. Chase v. Board of Education188 A.D.2d 192 (1993)
  3. Cabrini Medical Center v. Axelrod107 A.D.2d 965 (1985)
  4. Hunt Bros. Contractors, Inc. v. Glennon214 A.D.2d 817 (1995)
  5. Board of Education v. State Education Department116 A.D.2d 939 (1986) · Concurring in Part, Dissenting in Part
  6. Filut v. New York State Education Department91 A.D.2d 722 (1982)

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