Matter of 99 Wash. LD Holdings, LLC v Zoning Bd. of Appeals of the Vil. of Suffern

Holding The Appellate Division affirmed the lower court’s dismissal of the petition as time-barred because the proceeding was commenced more than 30 days after the Zoning Board of Appeals’ decision was filed with the village clerk. The court held that the 30-day statute of limitations under Village Law § 7-712-c(1) applied, rendering the petition untimely.

The court’s words

Such proceeding shall be instituted within thirty days after the filing of a decision of the board in the office of the village clerk.

2026 NY Slip Op 06433, at the official text

A party seeking to assert the statute of limitations as a defense in such a proceeding has the burden of establishing that the challenged decision was filed with the village clerk more than 30 days before the proceeding was commenced

2026 NY Slip Op 06433, at the official text

Here, the statute of limitations began to run when the minutes containing the ZBA's determination were filed with the Village Clerk

2026 NY Slip Op 06433, at the official text