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MATTER OF KAN v. NEW YORK CITY ENVIRONMENTAL CONTROL BOARD

262 A.D.2d 135 (1999)

691 N.Y.S.2d 500

In the Matter of GEORGE KAN, Appellant, v. NEW YORK CITY ENVIRONMENTAL CONTROL BOARD, Respondent.

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

Decided June 15, 1999.

CPLR 217 requires an article 78 proceeding to be commenced within four months after the determination to be reviewed becomes binding and final upon the petitioner. Where, as here, the determination is unambiguous and of certain consequence, the statutory period commences as soon as the aggrieved party is notified (Matter of Edmead v McGuire, 67 N.Y.2d 714). It is undisputed that the subject determination was mailed to petitioner...

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