Ordered that the petitioner's notice of appeal is treated as an application for leave to appeal, said application is referred to Presiding Justice Mollen and leave to appeal is granted by Presiding Justice Mollen (see, CPLR 5701 [b] [1]); and it is further,
Ordered that the order is affirmed, and it is further,
Ordered that the intervenor-respondent is awarded costs, payable by the appellant.
The petition was properly dismissed as untimely since it was not commenced within 30 days after the filing of the decision of the Zoning Board of Appeals in the office of the Village Clerk (see, Village Law § 7-712; Matter of De Bellis v. Luney, 128 A.D.2d 778; Matter of Town of Clinton v. Dumais, 69 A.D.2d 836).
We have reviewed the petitioner's remaining arguments and find them to be without merit. Mollen, P.J., Brown, Weinstein and Rubin, JJ., concur.