Citation Numbers: 38 Misc. 2d 370
Judges: Pittoni
Filed Date: 2/1/1963
Status: Precedential
Modified Date: 2/5/2022
Application for an order, pursuant to article 78 of the Civil Practice Act, directing the respondent to issue a building permit for premises known as Plot 23 of Section 13, Block 1 on the Tax Map of the Incorporated Village of Lynbrook, also known as 68 Merrick Road, Lynbrook, New York, is denied.
The petition alleges that a building permit was denied on September 6,1962. The motion papers were served on January 7,1963. A proceeding under article 78 of the Civil Practice Act must — insofar as a zoning matter is concerned — be brought within 30 days after the filing of a decision in the office of the Village Clerk (Village Law, § 179-b). The papers submitted do not show when, if ever, the denial of the permit was filed.
Assuming that the denial of the building permit was not filed and therefore that the proceeding is timely, this proceeding would still have to be dismissed because the petitioners have not