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BEST PAYPHONES v. INFO. TECH.

5 N.Y.3d 30 (2005)

832 N.E.2d 38

799 N.Y.S.2d 182

In the Matter of BEST PAYPHONES, INC., Appellant, v. DEPARTMENT OF INFORMATION TECHNOLOGY AND TELECOMMUNICATIONS OF THE CITY OF NEW YORK, Respondent.

Court of Appeals of the State of New York.

Decided June 9, 2005.

Attorney(s) appearing for the Case

Mayne Miller, New York City, for appellant.

Michael A. Cardozo, Corporation Counsel, New York City (Suzanne K. Colt, Pamela Seider Dolgow and Michael S. Adler of counsel), for respondent.

Before Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur.

OPINION OF THE COURT

Chief Judge KAYE.

At issue before us is the date when an administrative determination became "final and binding upon the petitioner," so as to trigger the four-month limitations period for CPLR article 78 review (CPLR 217 [1]).

Petitioner, Best Payphones, Inc., owned and operated sidewalk payphones in New York City. Respondent, the New York City Department of Information Technology and...

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