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MATTER OF FILLER v. NEW YORK CITY WATER BD.

2013-01271

123 A.D.3d 1030 (2014)

997 N.Y.S.2d 325

2014 NY Slip Op 08994

In the Matter of MARTIN M. FILLER, Respondent, v. NEW YORK CITY WATER BOARD et al., Appellants.

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

Decided December 24, 2014.

Ordered that the judgment is reversed, on the law, with costs, the petition is denied as time-barred, and the proceeding is dismissed.

The proceeding should have been dismissed as barred by the four-month statute of limitations applicable to CPLR article 78 proceedings (see CPLR 217 [1]). The appellants made a prima facie showing that the petitioner was notified by letter dated August 31, 2006, that his request for a reduction in water and wastewater charges...

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