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DE FRANCISCO v. MICHEL

103 A.D.2d 1044 (1984)

John De Francisco et al., Constituting the Common Council of The City of Syracuse, et al., Appellants, v. David Michel, as Commissioner of The Department of Community Development of the City of Syracuse, et al., Respondents

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

July 13, 1984

Order and judgment unanimously affirmed, without costs.

Memorandum:

We agree with Special Term that the doctrine of res judicata mandates the dismissal of the cause of action seeking to vacate the building permit. ¶ Concerning the causes of action seeking to void approval of the project and to enjoin construction of the project, we conclude they are barred by the Statute of Limitations (CPLR 217). Insofar as these causes of action may be considered...

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