Legal Opinion

Dandomar Co. v. Town of Pleasant Valley Town Board

Appellate Division of the Supreme Court of the State of New York

Decided May 31, 2011PublishedCited by 31 opinions

1Opinion of the Court

*85OPINION OF THE COURT

Dillon, J.P.

Petitions seeking the remedy of mandamus and prohibition under CPLR article 78 are subject to a four-month statute of limitations (see CPLR 217; Matter of Holtzman v Goldman, 71 NY2d 564, 568 [1988]; Matter of Home Depot U.S.A., Inc. v Town Bd. of the Town of Southeast, 70 AD3d 824, 825 [2010]). Actions or proceedings involving the abandonment of highways are subject to a one-year statute of limitations (see Highway Law § 205 [2]). Here, we address whether a petitioner seeking to annul a municipality’s certificate of abandonment for a highway must commence the…

2Cases cited57 opinions

  1. Holtzman v. GoldmanNew York Court of Appeals · 1988
  2. Solnick v. WhalenNew York Court of Appeals · 1980
  3. Dun & Bradstreet, Inc. v. City of New YorkNew York Court of Appeals · 1937
  4. Sears, Roebuck & Co. v. Enco Associates, Inc.New York Court of Appeals · 1977
  5. Save the Pine Bush, Inc. v. City of AlbanyNew York Court of Appeals · 1987

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3Cited by31 opinions

  1. Becker-Manning, Inc. v. Common CouncilAppellate Division of the Supreme Court of the State of New York · 2014
  2. QK Healthcare, Inc. v. InSource, Inc.Appellate Division of the Supreme Court of the State of New York · 2013
  3. Dormer v. Suffolk County Police Benevolent Ass'nAppellate Division of the Supreme Court of the State of New York · 2012
  4. Dolce-Richard v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2017
  5. Matter of McCrory v. Village of Mamaroneck Bd. of TrusteesAppellate Division of the Supreme Court of the State of New York · 2020

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