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P & N TIFFANY v. TUCKAHOE

33 A.D.3d 61 (2006)

817 N.Y.S.2d 345

P & N TIFFANY PROPERTIES, INC., Appellant, v. VILLAGE OF TUCKAHOE, Respondent.

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

June 13, 2006.

Attorney(s) appearing for the Case

Vivian L. Hausch, White Plains, for appellant.

John D. Cavallaro, PLLC, Tarrytown, for respondent.

MILLER, J.P., RITTER and MASTRO, JJ., concur.

OPINION OF THE COURT

SPOLZINO, J.

The issue presented on this appeal is which statutory limitations period applies to an action challenging the validity of a local law on the ground that due notice of its consideration was not given. At issue is the validity of Local Law No. 7 (1999) of the Village of Tuckahoe (hereinafter the local law) insofar as it amended Zoning Code of the Village of Tuckahoe § 6-1.3.1 (hereinafter section 6-1.3.1).

The...

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