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MATTER OF RICHARDSON v. NEW YORK CITY HOUSING AUTHORITY

2010-11628.

89 A.D.3d 1091 (2011)

933 N.Y.S.2d 581

2011 NY Slip Op 8760

In the Matter of PAMELA RICHARDSON, Respondent, v. NEW YORK CITY HOUSING AUTHORITY, Appellant.

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

Decided November 29, 2011.

Ordered that the order is reversed, on the law, with costs, and the motion to dismiss the petition as time-barred pursuant to CPLR 217 is granted.

Pursuant to CPLR 217 (1), "a proceeding against a body or officer must be commenced within four months after the determination to be reviewed becomes final and binding upon the petitioner." In the case at bar, the determination at issue became final and binding upon the petitioner on July 30, 2008. Of course, "fundamental...

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