Kan v. New York City Environmental Control Board

—Order and judgment (one paper), Supreme Court, New York County (Helen Freedman, J.), entered July 8, 1998, which denied petitioner’s application pursuant to CPLR article 78 to annul respondent’s determination finding petitioner in violation of 15 RCNY 1-58 (b) (3) and imposing a civil penalty of $10,000, and dismissed the proceeding as time-barred, unanimously affirmed, without costs.

CPLR 217 requires an article 78 proceeding to be commenced within four months after the determination to be reviewed becomes binding and final upon the petitioner. Where, as here, the determination is…