Caprice Homes Ltd. v. Bennett

OPINION OF THE COURT

Harold Baer, Jr., J.

On this CPLR article 78 proceeding, the petitioner, Caprice Homes, Ltd., seeks a judgment vacating the resolution of the Board of Standards and Appeals (BSA) dated April 26, 1989, *504enjoining respondents from taking any further action as a result of the BSA resolution and directing the reissuance of the prior certificate of occupancy for the premises in question. The respondents cross-move to dismiss the petition pursuant to CPLR 3211 (a) (5) on the grounds that this proceeding is barred by the applicable Statute of Limitations.

Petitioner is the owner of…