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MATTER OF CAMPBELL v. ROBERTS

269 A.D.2d 207 (2000)

703 N.Y.S.2d 716

In the Matter of EDWARD CAMPBELL, as President of Evergreen Gardens, Inc. Tenant's Association, et al., Appellants, v. RICHARD T. ROBERTS, as Commissioner of Department of Housing Preservation and Development, et al., Respondents.

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

Decided February 10, 2000.

We perceive no grounds warranting disturbance of the motion court's finding that petitioners failed to comply timely with the filing requirements set forth in CPLR 304, and since the instant proceeding was, in consequence of petitioners' filing failure, not properly commenced within the applicable four-month limitations period, it was properly dismissed as time-barred (see, Fry v Village of Tarrytown, 89 N.Y.2d 714, 717).

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