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R. BERNSTEIN CO. v. POPOLIZIO

97 A.D.2d 735 (1983)

R. Bernstein Co., Appellant, v. Emanuel P. Popolizio, as Chairman of The New York City Conciliation and Appeals Board, et al., Respondents

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

November 22, 1983

This is a proceeding by petitioner landlord to vacate an order of respondent CAB. CAB's determination is embodied in an opinion dated May 13, 1982, and allegedly mailed to petitioner landlord and respondent tenant on June 2, 1982. This article 78 proceeding was instituted on December 7, 1982. If the Statute of Limitations began to run on June 2, 1982, the proceeding is untimely, being brought more than four months after the determination "becomes final and binding upon the...

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