FARRELL v. Sygnet Communications, Inc., Intervenor-Appellant. (1999)

Supreme Court, Appellate Division, Fourth Department, New York.

Matter of Daniel J. FARRELL, Lori L. Farrell, Joel N. Anderson and Rebecca J. Anderson, Petitioners-Respondents, v. James R. JOHNSON, Jean F. Berg, Sandra K. Johnson, Martin J. Hand and Clifford T. Bauer, Constituting Zoning Board of Appeals of Town of Kiantone, Respondents-Respondents, Sygnet Communications, Inc., Intervenor-Appellant.

Decided: October 01, 1999

PRESENT: LAWTON, J.P., HAYES, WISNER and BALIO, JJ.

B.P. Oliverio, Buffalo, for intervenor-appellant. Neil M. Robinson, Jamestown, for petitioners-respondents.

Supreme Court did not abuse its discretion in allowing petitioners to submit a proposed order two days after expiration of the 60-day period set forth in 22 NYCRR 202.48. There is no evidence that petitioners intended to abandon the proceeding; the period of delay was brief and petitioners established that it would be inequitable to bar the late settlement of the proposed order (see, Matter of Village of Attica v. Nutty, 184 A.D.2d 1057, 584 N.Y.S.2d 252; see also, Oliva v. Lucero, 212 A.D.2d 407, 408, 623 N.Y.S.2d 107).

Order unanimously affirmed with costs.

MEMORANDUM:

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