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MATTER OF HEFFERNAN v. NEW YORK CITY MAYOR'S OFF. OF HOUS. RECOVERY OPERATIONS

Index No. 450137/20. Appeal No. 14184. Case No. 2020-04709.

196 A.D.3d 426 (2021)

147 N.Y.S.3d 408

2021 NY Slip Op 04276

In the Matter of Dave Brian Heffernan et al., Appellants-Respondents, v. New York City Mayor's Office of Housing Recovery Operations et al., Respondents-Appellants.

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

Decided July 8, 2021.

Attorney(s) appearing for the Case

Starr, Gern, Davison & Rubin, P.C., New York ( Richard T. Welch of counsel), for appellants-respondents.

James E. Johnson , Corporation Counsel, New York ( Kate Fletcher , of counsel), for respondents-appellants.

Concur—Manzanet-Daniels, J.P., Webber, Singh, Kennedy, JJ.

An article 78 proceeding must be commenced within four months of the final determination under review (see CPLR 217[1]). Such a proceeding is commenced when the clerk of the court receives the petition in valid form (see generally Matter of Ennis v Annucci, 160 A.D.3d 1321 [3d Dept 2018]). Although petitioners attempted to file the petition in Queens County within four months, they did not do so in a manner which was then...

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