The Appellate Division, Second Department has upheld the dismissal of a neighbor’s challenge to a certificate of occupancy in Birch Tree Partners LLC v. Zoning Board of Appeals of Town of East Hampton, 2013 NY Slip Op. 03834. After an owner of a Further Lane property in the Town of East Hampton completed the reconstruction of a guest house, a neighbor appealed the issuance of the certificate of occupancy to the local zoning board, which upheld the certificate and denied the appeal.  In the ensuing “Article 78” proceeding, the lower court rejected the neighbor’s challenge of the zoning board’s decision.  On appeal, the Appellate Division upheld the lower court’s decision on the dual grounds that the neighbor’s delays prohibited the challenge and that the zoning board’s decision was properly issue