RAMAPO HOMEOWNERS ASSN. v. PLANNING ZONING

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Docket Number

2002-11304.

Attorney(S)

Carlet, Garrison, Klein Zaretsky, LLP, (Norman I. Klein and Robert S. Getman of counsel), for appellant. Michael L. Klein, (Janice Gittelman of counsel), for respondent Planning Zoning Board of the Town of Ramapo. Rice Amon, (Terry Rice of counsel), for respondents Toyv Corp., Yaakov Zichron, Yonah, Inc., Lazer Grunhut, Edith Grunhut, Yechial Lebovits, Secor Homes, Ephraim Grossman, Hendel Grossman, Upstate Homestead Realty, Abraham Katz, Congregation Yesod Haomuna, American Friends of Kolal Oltzer Shass Canada, Inc., and John Doe.

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IN THE MATTER OF THE RAMAPO HOMEOWNERS ASSOCIATION, ETC., appellant, v. PLANNING ZONING BOARD OF THE TOWN OF RAMAPO, ET AL., respondents.

DECISION ORDER

ORDERED that the judgment is affirmed, with costs.

Since the resolution of the Planning and Zoning Board of the Town of Ramapo (hereinafter the Board) was filed on August 1, 2002, the CPLR article 78 proceeding to review the resolution, filed on September 9, 2002, was properly found to be untimely ( see Matter of Kennedy v. Zoning Bd. of Appeals of Vil. of Croton-on-Hudson, 78 N.Y.2d 1083). The resolution filed on August 1, 2002, contained all of the substantive portions of the Board's determination. The error contained in the resolution was inconsequential and had no effect on the petitioner's delay in filing ( see Matter of Kennedy v. Zoning Bd. of Appeals of Vil. of Croton-on-Hudson, supra; Matter of Kroll v. Village of E. Hampton, 293 A.D.2d 614; Matter of Platzman v. Munno, 282 A.D.2d 539; Matter of Casolaro v. Zoning Bd. of Appeals of Vil. of Elmsford, 200 A.D.2d 742).

SMITH, J.P., McGINITY, LUCIANO and TOWNES, JJ., concur.

IN THE MATTER OF THE RAMAPO HOMEOWNERS ASSOCIATION, ETC., appellant, v. PLANNING ZONING BOARD OF THE TOWN OF RAMAPO, ET AL., respondents.

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