Opinion
2002-11304.
Decided December 8, 2003.
In a proceeding pursuant to CPLR article 78 to review a resolution of the Planning Board of the Town of Ramapo dated August 1, 2002, which, inter alia, granted final subdivision plot approval for a subdivision entitled Butterman Place, the petitioner appeals from a judgment of the Supreme Court, Rockland County (Kelly, J.), dated October 23, 2002, which dismissed the proceeding.
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.
Before: DANIEL F. LUCIANO, SANDRA L. TOWNES, JJ.
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.