REMBAR v. ROSE

Ordered that the order is affirmed, with costs.

In determining the applicable period of limitations for a declaratory judgment action, the court is to consider whether "the underlying dispute can be or could have been resolved through a form of action or proceeding for which a specific limitation period is statutorily provided," which period would then govern the declaratory judgment action (Matter of Save the Pine Bush v. City of Albany, 70 N.Y.2d 193, 202; Koeppel v Wachtler, 141 A.D.2d 613, 615). It is clear that the action at bar is essentially one wherein the plaintiff is challenging the issuance by the Village's zoning board of a special permit to the defendants. The proper procedural vehicle to make this challenge was a proceeding pursuant to CPLR article 78, governed in this instance by a 30-day Statute of Limitations (see, Village Law § 7-712). Since the action was not commenced within that period, it was properly dismissed. Thompson, J.P., Sullivan, O'Brien and Copertino, JJ., concur.