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MATTER OF SHUMSKY v. NEW YORK CITY LOFT BD.

192 A.D.2d 350 (1993)

596 N.Y.S.2d 21

In the Matter of Ellen Shumsky, Appellant, v. New York City Loft Board, Respondent

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

April 6, 1993

The primary issue on this appeal is whether, under CPLR former 203 (b) (5), petitioner's filing with the County Clerk, on January 11, 1991, of a notice of petition brought pursuant to CPLR article 78 was sufficient to interpose the claim so as to render petitioner's subsequent service of the petition itself upon respondent within 60 days timely.

It is clear that at the time of this proceeding, the 60 day extension provided...

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