Following a denial of an area variance to permit the construction of a second-story deck, the trial court granted the petition and remitted the matter back to the zoning board of appeals.  The Appellate Court, however, reversed the trial court because the petitioner failed to timely commence the proceeding within 30 days after the zoning board’s initial determination was filed in the office of the Town Clerk pursuant to Town Law sec. 267-c [1].

                                          

Cutalo v Zoning Board of Appeals of the Town of Huntington, 2008 WL 4682459 (N.Y.A.D. 2 Dept. 10/21/2008).