Chamberlain v. Planning Board of Perinton — 184 A.D.2d 1015

Majority

p. 1015

In the Matter of George Chamberlain, as President of DWD, Inc., Appellant, v Planning Board for the Town of Perinton et al., Respondents.

Judgment unanimously affirmed without costs. Memorandum: Supreme Court properly determined that this CPLR article 78 proceeding was not

p. 1016

commenced 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.

Cases cited

King v. Chmielewski 76 NY2d 182 N.Y. 1990-06-12 at 186 p. 1016
Lebow v. Village of Lansing Planning Board 151 AD2d 865 N.Y. App. Div. 1989-06-15 at 866 p. 1016