IN THE MATTER OF SCURKA v. CARNAZZA


12 A.D.3d 519 (2004)

784 N.Y.S.2d 625

In the Matter of KATHLEEN SCURKA, Appellant, v. MICHAEL CARNAZZA, Respondents.

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

November 15, 2004.


Ordered that the judgment is affirmed insofar as appealed from, with one bill of costs to the respondents appearing separately and filing separate briefs.

The Supreme Court correctly concluded that the petitioner was barred from challenging the issuance of the subject building permit since she commenced the proceeding after the expiration of the four-month statute of limitations (see CPLR 217; Gardner v City of Yonkers, 264 A.D.2d 498...

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