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JOSEPH L. BALKAN, INC. v. CITY OF NEW YORK

41 A.D.3d 136 (2007)

838 N.Y.S.2d 34

JOSEPH L. BALKAN, INC., Appellant, v. CITY OF NEW YORK, Respondent.

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

Decided June 7, 2007.

The four-month limitations period of CPLR 217 applies to all of plaintiff's causes of action because the gravamen of the complaint is that prior to the adoption of the "January 2005 Penalty Schedule," the Environmental Control Board (ECB) adopted and used penalty tables, in connection with the adjudication of notices of violation (NOVs), in violation of lawful procedure, arbitrarily and capriciously, and in excess of ECB's jurisdiction...

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