MATTER OF SEIDNER v. Town of Colonie
Cases that cite this one
23 later published cases cite this decision.
- Goonewardena v. Hunter College (Appellate Division of the Supreme Court of New York 2007)
- Angello v. National Finance Corp. (Appellate Division of the Supreme Court of New York 2003)
- Murphy v. New York Athletic Club in City of New York, Inc. (Appellate Division of the Supreme Court of New York 1998)
- MCI Telecommunications Corp. v. Public Service Commission (Appellate Division of the Supreme Court of New York 1997)
- Hunt Bros. Contractors, Inc. v. Glennon (Appellate Division of the Supreme Court of New York 1995)
- Polce v. Clinton Central School District (Appellate Division of the Supreme Court of New York 1995)
- Chase v. Board of Education (Appellate Division of the Supreme Court of New York 1993)
- Adler v. New York State Teachers' Retirement System (Appellate Division of the Supreme Court of New York 1992)
- Smith v. Kunkel (Appellate Division of the Supreme Court of New York 1989)
- Calvert v. Westchester County Personnel Office (Appellate Division of the Supreme Court of New York 1987)
- Kaufman v. City of New York (Appellate Division of the Supreme Court of New York 1987)
- Walsh v. Superintendent of Highways of the Town of Poestenkill (Appellate Division of the Supreme Court of New York 1987)
- Carroll v. Gunn (Appellate Division of the Supreme Court of New York 1986)
- Board of Education v. State Education Department (Appellate Division of the Supreme Court of New York 1986)
- Langham v. State (Appellate Division of the Supreme Court of New York 1986)
- Cabrini Medical Center v. Axelrod (Appellate Division of the Supreme Court of New York 1985)
- MCI Telecommunications Corp. v. Public Service Commission (Appellate Division of the Supreme Court of New York 1985)
- West Mountain Corp. v. State of New York Department of Taxation & Finance (Appellate Division of the Supreme Court of New York 1984)
- Abrams v. Public Service Commission (Appellate Division of the Supreme Court of New York 1983)
- Trivedi v. State Board of Law Examiners (Appellate Division of the Supreme Court of New York 1982)
- City School District v. Ambach (Appellate Division of the Supreme Court of New York 1982)
- Spielman v. Blaney (Appellate Division of the Supreme Court of New York 1982)
- Filut v. New York State Education Department (Appellate Division of the Supreme Court of New York 1982)
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
OPINION OF THE COURT
Memorandum.
The . order of the Appellate Division should be affirmed, with costs.
*615 We agree with the court below that petitioner’s article 78 proceeding is untimely. (Town Law, §267, subd 7.) The record does not support petitioner’s contention that the respondent Board of Zoning Appeals conducted a rehearing on her application for a variance. In this regard, there is no proof that a majority of the members of the respondent board ever voted on petitioner’s request for a rehearing (Town Law, §267, subd 6) or that a rehearing was held upon the notice required by subdivision 5 of section 267 of the Town Law. Although a letter from respondent’s counsel alludes to “rehearings” having been held on petitioner’s variance application, this statement, without more, does not establish that a rehearing actually took place. Thus, respondent’s determination of March 20,1979 was final for purposes of article 78, and the time within which to seek review thereof commenced when it was filed with the town clerk on March 21, 1979.
Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.
Order affirmed, with costs, in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.