In a hybrid proceeding pursuant to CFLR article 78 to review a determination of the Town of Islip Zoning Board of Appeals, dated November 30, 2004, denying a rehearing of an application for certain area variances, and to compel the Town of Islip Zoning Board of Appeals to further consider the application, and an action, inter alia, for a judgment declaring that the Town of Islip Zoning Board of Appeals acted unlawfully, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Werner, J.), entered September 23, 2005, which, upon an order of the same court dated July 21, 2005 granting the motion of the Town of Islip Zoning Board of Appeals to dismiss the petition as time-barred, dismissed the petition as time-barred.
Ordered that the judgment is affirmed, with costs.
The Supreme Court properly determined that the petitioner’s proceeding challenging the discretionary determination of the Town of Islip Zoning Board of Appeals (hereinafter the Zoning Board) to treat the petitioner’s application as one for a rehearing and to deny it, and for a judgment compelling the Zoning
