Letourneau v. Town of Berne

Appeal from a judgment of the Supreme Court (Egan, Jr., J.), entered August 3, 2007 in Albany County, which, in a proceeding pursuant to CPLR article 78, dismissed the petition as time-barred.

In the winter of 2001, respondent Town of Berne gave notice to the owner of a certain parcel of property that the residence upon it had collapsed and created an unsafe condition. Respondent Victor Procopio purchased the property and remedied the unsafe condition, leading the Town Board to grant him permission to commence construction of a new residence on the property. The town building and zoning…