City of New Rochelle v. O. Mueller, Inc.
| Decision Date | 01 March 1993 |
| Citation | 191 A.D.2d 435,594 N.Y.S.2d 301 |
| Parties | In the Matter of CITY OF NEW ROCHELLE, Petitioner-Respondent, v. O. MUELLER, INC., et al., Respondents, Richard Weiss, et al., Appellants. |
| Court | New York Supreme Court — Appellate Division |
Corini & Weiss, New Rochelle (Richard Weiss, pro se, and Robert O. Corini, pro se, of counsel), for appellants.
Katz, Kleinbaum, Farber & Karson, White Plains (Barry M. Karson, of counsel), for petitioner-respondent.
Before LAWRENCE, J.P., and EIBER, MILLER and PIZZUTO, JJ.
MEMORANDUM BY THE COURT.
In a condemnation proceeding pursuant to EDPL article 4 for authorization to file an acquisition map, Richard Weiss and Robert O. Corini appeal from a judgment of the Supreme Court, Westchester County (Palella, J.), dated June 11, 1990, which, inter alia, granted the application.
ORDERED that the judgment is affirmed, with costs to the petitioner; and it is further,
ORDERED that the appellants and the petitioner's attorney are directed to appear at this court on March 24, 1993, at 12:00 noon, to be heard, pursuant to 22 NYCRR 130-1.1(c), upon the issue of the imposition of appropriate sanctions and costs, if any, against the appellants.
The subject of this condemnation proceeding is a commercial building located at 245 Huguenot Street in the City of New Rochelle. The appellants Richard Weiss and Robert O. Corini are attorneys who rent a portion of the subject premises for use as a law office. On December 13, 1988, the New Rochelle City Council enacted a resolution authorizing the City of New Rochelle to acquire the Huguenot Street property by condemnation in order to construct an urban renewal project. The City thereafter commenced this proceeding pursuant to EDPL 402 for authorization to file an acquisition map to obtain title to the subject property. Approximately 13 months later, the appellants filed an answer, alleging, inter alia, that the City's application should be denied because it had failed to comply with the requirements of EDPL 402(B). In support of this assertion, the appellants claimed that the City had announced its intention to downscale the proposed urban renewal project, and that this change in the project's scope necessitated a second public hearing. The City subsequently moved for summary judgment dismissing the appellants' affirmative defenses, and the Supreme Court granted the motion, noting that the appellants had failed to bring an application seeking review of the City's determination in accordance with EDPL article 2. We now affirm.
Pursuant to EDPL 207(A), persons aggrieved by a condemnor's determination and findings must seek judicial review in the appropriate Appellate Division within 30 days after "the condemnor's completion of its publication of its determination and findings". This court has exclusive original jurisdiction to hear and determine a condemnee's objections (see, EDPL 207[B]; Matter of Farmington Access Rd. of Town of Farmington, 156 A.D.2d 936, 549 N.Y.S.2d 236; Matter of Incorporated Vil. of Patchogue v. Simon, 112 A.D.2d 374, 491 N.Y.S.2d 827). Having failed to comply with...
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In re City of New York
...may not wait until the condemnor initiates a vesting proceeding to raise its claims (see Matter of City of New Rochelle v. O. Mueller, Inc., 191 A.D.2d 435, 436, 594 N.Y.S.2d 301 [2d Dept. 1993]; Matter of Farmington Access Rd. of Town of Farmington, 156 A.D.2d 936, 549 N.Y.S.2d 236 [4th ...
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City of New Rochelle v. O. Mueller, Inc.
...were set forth in our prior decision and order, which affirmed the order appealed from (see, Matter of City of New Rochelle v. O. Mueller, Inc., 191 A.D.2d 435, 594 N.Y.S.2d 301). We concluded therein that the instant appeal "so obviously lack[ed] merit in either fact or law that it must be......
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