MATTER OF KARAFFA v. SIMON


14 A.D.2d 978 (1961)

In the Matter of Joseph Karaffa, Doing Business as New York Institute of Real Estate, Respondent, v. Caroline K. Simon, Individually and as Secretary of State, et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 22, 1961


On October 7, 1959 petitioner applied for approval of his proposed school and course for real estate brokers. On April 4, 1960, the application was denied and petitioner was notified thereof in a written notice ending: "It is therefore our decision that we cannot grant approval to your course at this time." This proceeding under article 78 of the Civil Practice Act to review was commenced on November 10, 1960, substantially beyond the four-month time limitation prescribed by section 1286 of the Civil Practice Act. It is true that following the denial of petitioner's application there was much correspondence, many personal and telephone calls between petitioner and the department concerning a reconsideration, and indications that the department was reconsidering the matter. However, negotiations concerning a reconsideration came to an abrupt halt without any new determination ever being made. There is no statutory authority for a rehearing, hence the time begins to run from the date of the original decision. Otherwise the time could be indefinitely extended by applications for rehearings. "The date from which the statute must be deemed to run is January 11, 1940, when his [petitioner's] first application was disapproved. He could not by renewing the application and procuring it to be disapproved, indefinitely extend the limitation imposed by section 1286, for his right to maintain the proceedings was complete when the first application was denied." (Matter of Hall v. Leonard, 260 App. Div. 591, 595, affd. 285 N.Y. 719.) Here, the only decision or determination ever made was the one above quoted, made on April 4, 1960, and the time began to run on that date.

Order reversed, on the law and the facts, and the motion to dismiss the petition granted, without costs.


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