Matter of City of New York v. 2305-07 Third Ave., LLC

OPINION OF THE COURT

MaNZANET-D ANIELS, J.

On this appeal we consider whether the City timely commenced this proceeding pursuant to article 4 of the Eminent Domain Procedure Law (EDPL). We are in accord with Supreme Court that the proceeding was commenced within the applicable time limitation set forth in section 401 (A) (3), which provides that the condemnor must commence such proceedings within three years after the latest of, inter alia, “entry of the final order or judgment on judicial review,” and we now affirm.

In June 2009, the City published a determination and findings authorizing the…