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MATTER OF CITY OF NEW YORK v. CALLAHAN

209 A.D.2d 409 (1994)

618 N.Y.S.2d 418

In the Matter of City of New York, Appellant, v. Robert Callahan, as Chairman of The Town of Southeast Planning Board, et al., Respondents, et al., Intervenors-Respondents

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

November 7, 1994

Ordered that the judgment is reversed, on the law, without costs or disbursements, the branches of the motions which were to dismiss the petition on Statute of Limitations grounds are denied, and the matter is remitted to the Supreme Court, Putnam County, for further proceedings in accordance herewith.

The Supreme Court erred in dismissing the petition based upon the Statute of Limitations contained in Town Law §§...

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