MATTER OF CONNELL v. TOWN BD. OF TOWN OF WILMINGTON, 67 N.Y.2d 896 (1986)

492 N.E.2d 1229, 501 N.Y.S.2d 813

In the Matter of MARTIN CONNELL et al., Appellants, v. TOWN BOARD OF THE TOWN OF WILMINGTON et al., Respondents, and GRACE ALTIERI et al., Intervenors-Respondents.

Court of Appeals of the State of New York.
Decided April 1, 1986

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, John G. Dier, J.

Page 897

Richard V. Meath for appellants.

William H. Kissel for respondents.

James M. Brooks for intervenors-respondents.

Robert Abrams, Attorney-General (Ezra I. Bialek and Robert Hermann of counsel), for New York State Department of Environmental Conservation, amicus curiae.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed, with costs, on the ground that the proceeding is untimely (CPLR 217 Press v County of Monroe, 50 N.Y.2d 695; Solnick v Whalen, 49 N.Y.2d 224, 229-230). We do not reach the other issues in this case.

Concur: Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR.