Following the granting of an area variance on June 8, 2010 and stamped received on June 9, 2010, a neighbor appealed the zoning board’s determination. While, pursuant to Town Law sec. 282, the petitioner timely commenced the CPLR Article 78 by filing a notice and petition with a verified petition with the County Clerk on July 9, 2010, the petitioner was also required (see CPLR 306-b) to serve the petition and notice not later than 15 days later. Since that date, July 24, 2010, was a Saturday, the petitioner had until the next Monday which was July 26, 2010 to effect service (see. Gen. Construction Law sec. 25-a[1]). The appellate court agreed with the court below that the petitioner did not timely serve the notice and petition on the applicable parties.
Birch Tree Partners, LLC v Zoning Board of Appeals of Town of East Hampton, 2011 WL 6225146 (N.Y.A.D. 2 Dept. 12/13/2011)
The opinion can be accessed at: http://www.courts.state.ny.us/courts/ad2/calendar/webcal/decisions/2011/D33197.pdf
