MATTER OF APPLE'S DELI, INC. v. STATE OF NEW YORK


50 A.D.3d 1027 (2008)

854 N.Y.S.2d 909

In the Matter of APPLE'S DELI, INC., et al., Respondents, v. STATE OF NEW YORK, Appellant.

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

Decided April 22, 2008.


Ordered that the judgment is affirmed, with costs.

Contrary to the appellant's contention, the Supreme Court did not err in declining to dismiss the proceeding on the ground that it was barred by the applicable statute of limitations pursuant to CPLR 217. The applicable four-month period was properly measured from the time of the appellant's determination of the petitioners' application dated October 19, 2006 to vacate...

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