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IN THE MATTER OF JACOBOWITZ v. CITY OF NEW YORK DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT

29 A.D.3d 583 (2006)

813 N.Y.S.2d 666

In the Matter of JOEL JACOBOWITZ et al., Appellants, v. CITY OF NEW YORK DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT, Respondent.

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

May 2, 2006.

Ordered that the order and judgment is affirmed, with costs.

A proceeding pursuant to CPLR article 78 must be commenced within four months after the determination to be reviewed becomes final and binding (see CPLR 217; Matter of Carter v State of N.Y., Exec. Dept., Div. of Parole, 95 N.Y.2d 267, 270 [2000]). We agree with the respondent that this proceeding was time-barred. In light of this determination, we need not...

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