New York City Article 78 Proceedings Attorney :: Article 78 Proceedings :: Nassau County Lawyer

 

article 78 statute of limitations

Jun 17,  · Tags: Article 78, CEQR, City Environmental Quality Review, EIS, Environmental Impact Statement, Mayor's Office of Sustainability, NegDec, SEQRA, State Environmental Quality Review Act, Statute of Limitations, ULURP, Uniform Land Use Review Procedure, environmental review, negative declaration, nunc pro tuncAuthor: Periconi, LLC. May 21,  · An Overview of Article 78 Practice and Procedure WITH William H. Bristow III, Deputy Section Chief State of New York Office of the Attorney General Litigation Bureau Professional Practice May 21, a.m. p.m. 40 N. Pearl Street Albany, New York Mar 07,  · Since the statute of limitations for commencing an Article 78 proceeding is short, it is imperative that you consult with an attorney specializing in this area of practice as soon as possible. Failure to act within the time limits imposed by law may result in the forfeiture of your rights in the sconltatos.ga: James D. Murtha, Esq.


Article 78 Proceedings – How to Appeal an Agency Decision - LawNY


So your client wants you to file a declaratory judgment action, but you are unsure of whether the applicable statute of limitations has expired. But what is the applicable statute of limitations in a declaratory judgment action? Think again. Declaratory judgment actions are unique, in that the Court will actually examine the substantive nature of the claims and the relief sought to determine which limitations period applies. If the Court determines that the underlying dispute could have been resolved through another proceeding for which a specific limitations period is statutorily provided, the Court will apply that limitations period — even if it is much shorter than six years.

Construction began in July and, on September 10,the northern hotel building had already reached its maximum height. By this time, members of the community began objecting that the height of the northern hotel building violated the MGPP and was obstructing the view of the roadbed of the Brooklyn Bridge from the Brooklyn Promenade.

In Aprilarticle 78 statute of limitations, Plaintiffs, a group comprised of local members of the community, commenced an action against BBPDC and others seeking, among other things, a article 78 statute of limitations that the buildings were being constructed in excess of their height limitation in violation of the MGPP.

The Second Department affirmed. The Court noted that while an action for a declaratory judgment is generally governed by a six-year statute of limitations see CPLR [1]the applicable statute of limitations in a declaratory judgment action is determined by the substantive nature of the claim, article 78 statute of limitations.

The nature of the relief sought in a declaratory judgment action dictates the applicable limitations period. Thus, prior to relying on the catch-all provision in CPLR [1], a careful lawyer should analyze the substance of a complaint to determine article 78 statute of limitations a shorter limitations period may apply. However, a lawyer may not use a declaratory judgment action as a vehicle to circumvent the statute of limitations that applies to the substance of a complaint.

 

 

article 78 statute of limitations

 

CPLR requires that an article 78 proceeding3' "be comm-enced within four months after the determination to be reviewed becomes final and binding upon the petitioner. '32 Generally, a de-termination is considered to be final and binding, and the 4-month limitation period begins to run, only when the petitioner is actually. Read 1 Answer from lawyers to Statue of Limitations for Article 78 - New York Civil Litigation Questions & Answers - Justia Ask a Lawyer. Read 1 Answer from lawyers to Statue of Limitations for Article 78 - New York Civil Litigation Questions & Answers - Justia Ask a Lawyer Now, as to the time or statute of limitations issue, I am not aware. Jun 23,  · Generally, the statute of limitations for Article 78 proceedings is 4 months from the time the actions are final and binding. There are, of course, exceptions and they can be found here: Also, in case you would like to read further, the procedures relating to Article 78 proceedings .