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IN THE MATTER OF JOHNS v. RAMPE

23 A.D.3d 283 (2005)

808 N.Y.S.2d 18

In the Matter of JEFFREY M. JOHNS, Appellant, v. KEVIN M. RAMPE et al., Respondents.

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

November 22, 2005.

There is no merit to petitioner's argument that the timeliness of the proceeding is governed by the one-year-and-90-day limitations period in Urban Development Corporation Act ([UDCA] L 1968, ch 174, § 1) § 31-a (McKinney's Uncons Laws of NY § 6281-a), not the four-month limitations period in CPLR 217 (1). By its terms, UDCA § 31-a applies to an action in tort, not a proceeding in the nature of mandamus, clearly the case here in which petitioner seeks...

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