Appellate Division of the Supreme Court of New York, 1992

Chamberlain v. Planning Board of Perinton

Chamberlain v. Planning Board of Perinton
Appellate Division of the Supreme Court of New York · Decided June 5, 1992
184 A.D.2d 1015
Chamberlain v. Planning Board of Perinton

Opinion of the Court

Judgment unanimously affirmed without costs. Memorandum: Supreme Court properly determined that this CPLR article 78 proceeding was not *1016commenced within 30 days from the filing of the Planning Board’s decision (see, Town Law § 282; Matter of King v Chmielewski, 76 NY2d 182, 186). Filing of the notice of petition and petition with the court does not commence the proceeding. An article 78 proceeding against a planning board is commenced by service of the notice of petition and petition pursuant to CPLR 312 or 312-a (see, CPLR 403 [c]; Matter of Lebow v Village of Lansing Planning Bd., 151 AD2d 865, 866). (Appeal from Judgment of Supreme Court, Monroe County, Aifronti, J. — Article 78.) Present — Denman, P. J., Green, Balio and Fallon, JJ.

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