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45435 REALTY CO. v. CITY OF NEW YORK

200 A.D.2d 501 (1994)

606 N.Y.S.2d 637

45435 Realty Co., Also Known as 43435 Realty Co., Appellant, v. City of New York et al., Respondents

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

January 20, 1994

It is axiomatic that the proper vehicle to challenge the final determination of an administrative agency is an article 78 proceeding. The receipt of a water bill constitutes a final and binding determination of the issuing agency (Matter of Miller v McGough, 97 A.D.2d 416). Thus, the IAS Court properly considered the plaintiffs action as an article 78 proceeding and applied the four-month...

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