Larabe Realty Co. v. Silva

• Decision Date: 02 December 1996
• Citation: 234 A.D.2d 297,651 N.Y.S.2d 311
• Parties: In the Matter of LARABE REALTY CO., Appellant, v. Gaston SILVA, etc., et al., Respondents.
• Court: New York Supreme Court — Appellate Division

Page 311

651 N.Y.S.2d 311

234 A.D.2d 297

In the Matter of LARABE REALTY CO., Appellant, v. Gaston SILVA, etc., et al., Respondents.

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

Dec. 2, 1996.

Heller, Horowitz & Feit, P.C., New York City (Alan A. Heller and Clifford J. Bond, of counsel), for appellant.

Paul A. Crotty, Corporation Counsel, New York City (Francis F. Caputo and George Gutwirth, of counsel), for respondents.

In a proceeding pursuant to CPLR article 78 to review a resolution of the respondent Board of Standards and Appeals which modified a certificate of occupancy for certain real property owned by the petitioner, the petitioner appeals from a judgment of the Supreme Court, Kings County (Yoswein, J.), dated August 28, 1995, which dismissed the proceeding.

ORDERED that the judgment is affirmed, with costs.

We find that the court was correct in dismissing this proceeding as time-barred pursuant to Administrative Code of the City of New York § 25-207(a) (see, Matter of Neubourg v. Glass, 41 A.D.2d 833, 342 N.Y.S.2d 121; Matter of Satin v. Board of Stds. & Appeals of City of N.Y., 12 A.D.2d 526, 208 N.Y.S.2d 518; Matter of Kohnberg v. Murdock, 4 A.D.2d 750, 164 N.Y.S.2d 870).

ROSENBLATT, J.P., and THOMPSON, SANTUCCI and ALTMAN, JJ., concur.