Cowan v. Kelly

Pursuant to CPLR 217 (1), any proceeding against a body or officer must be commenced within four months after the determination to be reviewed becomes final and binding upon the petitioner. The determination becomes final and binding when the petitioner has received notice of the determination and has been aggrieved thereby (see Matter of Yarbough v Franco, 95 NY2d 342 [2000]).

The decision to place petitioner on “No Firearms” status was final on December 2, 2008. Petitioner was forced to check his firearms on that date and to surrender his identification card. Since the ultimate relief…