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In re Ben-Mil Associates

Appellate Division of the Supreme Court of New York, Second Department
Jan 13, 1997
235 A.D.2d 419 (N.Y. App. Div. 1997)

Opinion

January 13, 1997.

In a proceeding pursuant to CPLR article 78, inter alia, to compel the respondent Town of Islip to reopen Raft Avenue, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Stark, J.), dated March 16, 1995, which dismissed the petition as time-barred.

Before: Mangano, P. J., O'Brien, Pizzuto and Goldstein, JJ.


Ordered that the judgment is affirmed, with costs.

The instant proceeding was brought more than four months after the determination to close Raft Avenue became final and binding ( see, Matter of Village of Westbury v Department of Transp., 75 NY2d 62, 72). Accordingly, the proceeding is timebarred ( see, CPLR 217). The petitioner's contention that the Statute of Limitations would not begin to run until the respondent refused to reopen Raft Avenue is unpreserved for appellate review, and, in any event, is without merit ( see, Austin v Board of Higher Educ., 5 NY2d 430, 442).


Summaries of

In re Ben-Mil Associates

Appellate Division of the Supreme Court of New York, Second Department
Jan 13, 1997
235 A.D.2d 419 (N.Y. App. Div. 1997)
Case details for

In re Ben-Mil Associates

Case Details

Full title:In the Matter of BEN-MIL ASSOCIATES, Appellant, v. TOWN OF ISLIP…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 13, 1997

Citations

235 A.D.2d 419 (N.Y. App. Div. 1997)
652 N.Y.S.2d 89