Nickerson v. City of Jamestown

— Judgment unanimously reversed on the law with costs, motion denied and petition reinstated. Memorandum: Petitioners appeal from a judgment that dismissed their CPLR article 78 petition on the ground that it was commenced beyond the four-month Statute of Limitations. We agree with petitioners’ contention that the proceeding is not time-barred. Generally, "a 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” (CPLR 217 [1]). An administrative determination is not "final and binding”…