MATTER OF CANADIANA PRESERVATION SOCIETY, INC. v. BOARDMAN


262 A.D.2d 961 (1999)

694 N.Y.S.2d 539

In the Matter of S.S. CANADIANA PRESERVATION SOCIETY, INC., Appellant, v. JOSEPH H. BOARDMAN, as Commissioner of New York State Department of Transportation, Respondent.

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

Decided June 18, 1999.


Judgment unanimously affirmed without costs.

Memorandum:

Supreme Court properly dismissed this CPLR article 78 proceeding because it was not commenced within four months of the notice from respondent that it was withdrawing the grant of funds that had been awarded to petitioner (see, CPLR 217). On December 8, 1994, respondent awarded petitioner the sum of $400,000 in ISTEA Funds in connection with the restoration...

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