MATTER OF SAUNDERS v. RHEA

6471, 402300/10.

92 A.D.3d 602 (2012)

939 N.Y.S.2d 374

2012 NY Slip Op 1494

In the Matter of SHIRLEY SAUNDERS, Appellant, v. JOHN B. RHEA et al., Respondents.

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

Decided February 28, 2012.


The article 78 petition was untimely under CPLR 217 (1), which provides a four-month limitation period for review of administrative determinations. Petitioner's later correspondence with NYCHA, which was denominated a motion to vacate the settlement stipulation into which petitioner had entered with NYCHA, did not extend or toll her time to initiate an article 78 proceeding (see Matter of M & D Contrs. v New York City Dept. of Health, 233 A.D.2d...

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