Legal Opinion
A. J. Cerasaro, Inc. v. Ross
Appellate Division of the Supreme Court of the State of New York
Decided May 25, 1983PublishedCited by 3 opinions
1Opinion of the Court
Judgment unanimously re*944versed, without costs, and petition dismissed. Memorandum: A CPLR article 78 proceeding to annul a prevailing wage redetermination issued under section 220 of the Labor Law must be commenced, in accordance with CPLR 217, within four months of the notice of entry of the determination (Matter of Schultz Constr. v Ross, 76 AD2d 151, affd 53 NY2d 792). Special Term, in declining to dismiss the proceeding as time barred relied on the contrary holding in Ronco Communications & Electronics v Valentine (70 AD2d 773) which must be deemed overruled by the affirmance of Schultz…
2Cases cited3 opinions
- Schultz Construction, Inc. v. RossAppellate Division of the Supreme Court of the State of New York · 1980
- Ronco Communications & Electronics, Inc. v. ValentineAppellate Division of the Supreme Court of the State of New York · 1979
- Schultz Construction, Inc. v. RossNew York Court of Appeals · 1981
3Cited by3 opinions
- Twin State CCS Corp. v. RobertsNew York Court of Appeals · 1988
- Tru-Temp Industrial Insulation Co. v. HartnettAppellate Division of the Supreme Court of the State of New York · 1989
- Twin State CCS Corp. v. RobertsAppellate Division of the Supreme Court of the State of New York · 1987