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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 111486
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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If a Zoning Board of appeals approves a zoning variance, how

Customer Question

If a Zoning Board of appeals approves a zoning variance, how do I appeal even though I was in opposition the first time?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

In order to appeal a zoning board decision, you have to file an Article 78 Petition to the Supreme Court Civil Division. Here is a sample Article 78 Petition: https://www.nycla.org/siteFiles/Publications/Publications1386_1.pdf

The Article 78 has to be filed in court within 4 months of the decision of the zoning board. If you miss that by even one day, the petition must be denied.

Here is a good instruction manual to file an Article 78 challenge of an administrative decision: http://www3.law.columbia.edu/hrlr/jlm/chapter-22.pdf

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