The court properly dismissed this article 78 proceeding as time-barred. Petitioner was notified, at the very latest, of the administrative determination by the letters dated August 24 and September 28, 1995, and this matter was not instituted until on or about February 6, 1996, thereby exceeding the four-month Statute of Limitations (CPLR 217). Neither these letters nor subsequent letters from respondents to petitioner created any ambiguity as to finality (see,
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MATTER OF D'AMATO v. CITY OF NEW YORK DEP'T OF HOUS. PRES. & DEV.
246 A.D.2d 472 (1998)
667 N.Y.S.2d 249
In the Matter of Maria D'Amato, Appellant, v. City of New York Department of Housing Preservation and Development et al., Respondents
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
January 27, 1998
January 27, 1998
Appellate Division of the Supreme Court of the State of New York, First Department.
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