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GROCHOLSKI CADY RD v. SMITH

2018-03930.

171 A.D.3d 102 (2019)

96 N.Y.S.3d 409

2019 NY Slip Op 01966

In the Matter of GROCHOLSKI CADY ROAD, LLC, Respondent, v. THOMAS SMITH, JR., Individually and in His Official Capacity as Highway Superintendent of the Town of Western, et al., Respondents, and NOAH PALCZYNSKI, Appellant.

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

Decided March 15, 2019.

Attorney(s) appearing for the Case

The Ayers Law Firm, PLLC, Palatine Bridge ( Kenneth L. Ayers of counsel), for appellant.

Bond, Schoeneck & King, PLLC, Utica ( Raymond A. Meier of counsel), for respondent.

CENTRA, J.P., LINDLEY, DEJOSEPH and WINSLOW, JJ., concur.

OPINION OF THE COURT

Relief under CPLR article 78 is available only against a limited subset of official and institutional parties. It follows that the four-month statute of limitations applicable to article 78 proceedings cannot be imported to bar a declaratory judgment action against...

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