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MATTER OF BEN-MIL ASSOCS. v. TOWN OF ISLIP

235 A.D.2d 419 (1997)

652 N.Y.S.2d 89

In the Matter of Ben-Mil Associates, Appellant, v. Town of Islip, Respondent

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

January 13, 1997

Ordered that the judgment is affirmed, with costs.

The instant proceeding was brought more than four months after the determination to close Raft Avenue became final and binding (see, Matter of Village of Westbury v Department of Transp., 75 N.Y.2d 62, 72). Accordingly, the proceeding is time-barred (see, CPLR 217). The petitioner's contention that the Statute of Limitations would not begin to run until the...

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