Harvey v. New York State Department of Environmental Conservation

Appeal, by permission, from an order of the Supreme Court (Hughes, J.), entered July 26, 1996 in Albany County, which, in a proceeding pursuant to CPLR article 78, denied respondents’ motion to dismiss the petition.

The only issue in this appeal is whether the provisions of CPLR 2103 (b) (2) require that five days be added to the time within which a respondent in a CPLR article 78 proceeding must move to dismiss the petition if the motion papers are served by mail. We conclude that CPLR 2103 (b) (2) is inapplicable to the time period at issue in this case and, therefore, we reverse Supreme…