Opinion
February 2, 1987
Appeal from the Supreme Court, Westchester County (Cerrato, J.).
Ordered that the appeal from the order entered June 20, 1985 is dismissed, without costs or disbursements, as no appeal lies from an order denying reargument; and it is further,
Ordered that the judgments are affirmed, without costs or disbursements.
The Zoning Board of Appeals of the Town of New Castle did not abuse its discretion when it denied the petitioners' application for an area variance, since the petitioners failed to show that the denial of the variance would cause significant economic injury (see, Matter of Cowan v. Kern, 41 N.Y.2d 591, 596-597; Matter of Brower v. Board of Zoning Appeals, 58 A.D.2d 863).
Nor was the Building Inspector of the Town of New Castle required to issue a building permit for the petitioners' amended site plan application. Contrary to the petitioners' claim, the Planning Board did not violate Town Law § 274-a (2) by failing to act upon the site plan application within 45 days of the close of the hearing thereon. On July 17, 1984, the Planning Board voted to appeal to the Zoning Board of Appeals the Building Inspector's interpretation of the zoning ordinance. Pursuant to Town Law § 267 (2) and (4), the taking of the appeal tolled the running of the 45-day period.
Finally, we agree with Special Term's finding that service of the third petition pursuant to CPLR article 78 upon the Town Clerk was insufficient to acquire jurisdiction over the respondents Zoning Board of Appeals and the Planning Board of the Town of New Castle (see, Matter of Sengstacken v. Zoning Bd. of Appeals, 87 A.D.2d 651; Matter of Beck v. Goodday, 24 A.D.2d 1016). Mollen, P.J., Thompson, Weinstein and Rubin, JJ., concur.