MATTER OF KLEINBERG v. TOWN OF THOMPSON TOWN BD.


202 A.D.2d 946 (1994)

609 N.Y.S.2d 457

In the Matter of Milo Kleinberg, Appellant, v. Town of Thompson Town Board et al., Respondents

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

March 31, 1994


Petitioner's challenge to his sewer assessments was properly dismissed as time barred. In reaching this conclusion, we reject his assertion that the Statute of Limitations never began to run. The record reveals that a final assessment roll was affirmed and that this proceeding was commenced well in excess of the 30-day time period set forth in Town Law § 239 for challenging that assessment roll. In addition, even if we accepted petitioner's assertion that the matter...

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