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Article 78 Proceeding Not Ripe Even Though ZBA Had Not Made a Decision Within 62-Day Time Limit
Matter of 999 Hempstead Turnpike, LLC v. Board of Appeals, 2022 WL 2962605, AppDiv, Second Dept. (memorandum opinion)
In landowner's article 78 proceeding challenging denial of a special exception permit and area variance, the town appealed from Supreme Court's grant of the permit. The Appellate Division reversed, holding that Supreme Court lacked subject matter jurisdiction because the Board of Appeals (ZBA) had not yet made a final determination.
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