Legal Opinion
Shumsky v. New York City Loft Board
Appellate Division of the Supreme Court of the State of New York
Decided April 6, 1993PublishedCited by 4 opinions
1Opinion of the Court
—Order, Supreme Court, New York County (Burton S. Sherman, J.), entered April 16, 1991, which granted the cross-motion to dismiss the petition, unanimously reversed, on the law, and the petition reinstated, without costs.
*351The primary issue on this appeal is whether, under CPLR former 203 (b) (5), petitioner’s filing with the County Clerk, on January 11, 1991, of a notice of petition brought pursuant to CPLR article 78 was sufficient to interpose the claim so as to render petitioner’s subsequent service of the petition itself upon respondent within 60 days timely.
It is clear that at the time of…
2Cases cited4 opinions
- Long Island Citizens Campaign, Inc. v. County of NassauAppellate Division of the Supreme Court of the State of New York · 1991
- Marmo v. Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 1987
- Laureano v. GrimesAppellate Division of the Supreme Court of the State of New York · 1992
- Gryska v. Chemung County Elmira Sewer DistrictAppellate Division of the Supreme Court of the State of New York · 1989
3Cited by4 opinions
- Lettko v. New York State Department of HealthAppellate Division of the Supreme Court of the State of New York · 1993
- William Court — White Hill Road Homeowners Ass'n v. New York State Commissioner of Mental Retardation & Developmental DisabilitiesNew York Supreme Court · 1994
- Matter of A.V. v. A.B.Appellate Division of the Supreme Court of the State of New York · 2021
- Matter of Levine v. Suffolk County Dept. of Social Servs.Appellate Division of the Supreme Court of the State of New York · 2018