Dowd v. Planning Board
Cases that cite this one
9 later published cases cite this decision.
- Matter of Sierra Club v. New York State Dept. of Envtl. Conservation (Appellate Division of the Supreme Court of New York 2019)
- Matter of League of Women Voters of Buffalo/Niagara, Inc. v. Erie Canal Harbor Dev. Corp. (Appellate Division of the Supreme Court of New York 2023)
- Papert v. Zoning Board of Appeals of the Incorporated Village of Quogue (Appellate Division of the Supreme Court of New York 2012)
- Papert v. Zoning Board of Appeals of the Incorporated Village of Quogue (Appellate Division of the Supreme Court of New York 2012)
- Sherman v. Planning Board (Appellate Division of the Supreme Court of New York 2011)
- Wallkill Cemetery Ass'n v. Town of Wallkill Planning Board (Appellate Division of the Supreme Court of New York 2010)
- Molloy v. Fraser (Appellate Division of the Supreme Court of New York 2010)
- Dowd v. Planning Board of Village (Appellate Division of the Supreme Court of New York 2008)
- Santora v. Town of Poughkeepsie Zoning Board of Appeals (Appellate Division of the Supreme Court of New York 2008)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In a proceeding pursuant to CPLR article 78 to review two determinations of the Planning Board of Village of Millbrook, both dated December 15, 2005, granting an application for preliminary approval of a proposed residential subdivision on Nine Partners Lane in the Village of Millbrook, and issuing a negative declaration under the State Environmental Quality Review Act (ECL art 8), the petitioners Timothy J. Dowd, Michele Dowd, Gary Seller, Howard Beilin, Walter Cadette, Joan Cadette, Robert Mahar, and John Jagar appeal (1) from an order and judgment (one paper) of the Supreme Court, Dutchess County (Pagones, J.), dated July 12, 2006, which granted the motion of the Planning Board of Village of Millbrook to dismiss the proceeding pursuant to CPLR 3211 (a) (5) as time-barred and dismissed the proceeding, and (2), as limited by their brief, from so much of an order of the same court dated January 10, 2007, as denied their motion for leave to renew their opposition to the motion to dismiss the proceeding.
Ordered that the appeals are dismissed as academic, without costs or disbursements.
The petitioners did riot seek injunctive relief until 10 months after the date of the order and judgment granting the motion of
The appellants failed to timely do all that they could to safeguard their interests, and we thus dismiss the appeals as academic (see Matter of Dreikausen v Zoning Bd. of Appeals of City of Long Beach, 98 NY2d 165 [2002]; Matter of Hudson Val. Nursery v Planning Bd. of Town of Orangetown, 306 AD2d 283 [2003]; cf. Matter of E & J Sylcox Realty, Inc. v Town of Newburgh Planning Bd., 12 AD3d 445 [2004]). Lifson, J.P., Miller, Dillon and Eng, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.