Legal Opinion
Montague v. New York State Department of Environmental Conservation
Appellate Division of the Supreme Court of the State of New York
Decided January 12, 2006PublishedCited by 3 opinions
1Opinion of the CourtRose, J.
Appeal from a judgment of the Supreme Court (Ceresia, Jr., J.), entered November 5, 2004 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition.
Petitioners attempted to bring a CPLR article 78 proceeding to annul a negative declaration issued by respondent Department of Environmental Conservation. On the final day before expiration of the statute of limitations (see CPLR 217 [1]), an assistant to petitioners’ counsel delivered an index number ap*905plication, a request for judicial intervention and a check for the applicable fees…
2Cases cited5 opinions
- Mendon Ponds Neighborhood Association v. DehmNew York Court of Appeals · 2002
- Goldberg v. Camp Mikan-RecroNew York Court of Appeals · 1977
- Parkinson v. LeahyAppellate Division of the Supreme Court of the State of New York · 2000
- Allstate Indemnity Co. v. MartinezAppellate Division of the Supreme Court of the State of New York · 2004
- New York State Electric & Gas Corp. v. Board of AssessorsAppellate Division of the Supreme Court of the State of New York · 2001
3Cited by3 opinions
- Miller v. WatersAppellate Division of the Supreme Court of the State of New York · 2008
- Resch v. BriggsAppellate Division of the Supreme Court of the State of New York · 2008
- Matter of Dougherty v. County of GreeneAppellate Division of the Supreme Court of the State of New York · 2018