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ACADEMY STREET ASSOCIATES, INC. v. SPITZER

44 A.D.3d 592 (2007)

845 N.Y.S.2d 237

ACADEMY STREET ASSOCIATES, INC., et al., Appellants, v. ELIOT SPITZER, as Attorney General of the State of New York, Respondent, et al., Defendant.

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

Decided October 30, 2007.

The cause of action seeking an order directing that an amendment to a condominium offering plan be deemed accepted by the Attorney General is claimed to be for declaratory relief, but is actually in the nature of a CPLR article 78 petition seeking mandamus to compel, and is thus governed by a four-month statute of limitations (CPLR 217; see also Hill v Giuliani, 272 A.D.2d 157 [2000]). Although the Attorney General failed to respond...

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