Ordered that the order is reversed insofar as appealed from, on the law, with costs, the cross motion is granted, and the complaint is dismissed.
If the issues presented in a declaratory judgment action could have been raised in a proceeding pursuant to CPLR article 78, then that action must be brought within four months of the act giving rise to the litigation. "[T]he time for asserting the claim cannot be extended through the simple expedient of denominating the...
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