92 MM Motel, Inc. v. Zoning Board of Appeals
Cases that cite this one
7 later published cases cite this decision.
- Paul J. Burroughs, Kenneth Burroughs, Terri Spinner, David Spinner, Sean Harvey, And Ty Harvey v. The City Of Davenport Zoning Board Of Adjustment, The City Of Davenport, Iowa, An Iowa Municipal Corporation, And MZ Annie-Ru Daycare Center, An Iowa Limited Liability Company (Iowa 2018)
- Matter of Greenville Fire Dist. v. Zoning Bd. of Appeals of the Town of Greenburgh (Appellate Division of the Supreme Court of New York 2022)
- Matter of Coden v. Town of Huntington (Appellate Division of the Supreme Court of New York 2025)
- Anaks Ocean View Hill Homeowners Ass'n. Ltd. v. Atkins Kroll Saipan (N. Mar. I. 2023)
- Matter of Campaign for Buffalo History Architecture & Culture, Inc. v. Zoning Bd. of Appeals of City of Buffalo (Appellate Division of the Supreme Court of New York 2019)
- Shepherd v. Maddaloni (Appellate Division of the Supreme Court of New York 2013)
- Shepherd v. Maddaloni (Appellate Division of the Supreme Court of New York 2013)
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
A proceeding pursuant to CPLR article 78 seeking review of any determination of a zoning board of appeals “shall be
Here, the 30-day limitations period of Town Law § 267-c (1) commenced to run on June 10, 2010, when the minutes of the ZBA’s meeting of May 27, 2010, were filed in the office of the Town Clerk. The petitioners untimely commenced the proceeding more than 30 days later, on July 26, 2010. Contrary to the petitioners’ contention, their allegation that the ZBA made an erroneous SEQRA determination failed to establish a jurisdictional defect which tolled the limitations period (see 420 Tenants Corp. v EBM Long Beach, LLC, 41 AD3d 641, 643 [2007]). Accordingly, the Supreme Court properly granted the respondents’ motions pursuant to CPLR 3211 (a) (5) to dismiss the proceeding as time-barred and dismissed the proceeding, with prejudice. Dillon, J.P, Angiolillo, Florio and Dickerson, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.