Legal Opinion
Sutton v. Yates County
Appellate Division of the Supreme Court of the State of New York
Decided May 28, 1993PublishedCited by 5 opinions
1Opinion of the Court
Judgment unanimously affirmed without costs. Memorandum: We reject respondents’ contention that this CPLR article 78 proceeding, brought to challenge the SEQRA determination regarding the proposed construction of a public airport, was time-barred. The four-month Statute of Limitations contained in CPLR 217 applies to proceedings challenging an agency’s SEQRA determinations (Matter of Villella v Department of Transp., 142 AD2d 46, 48, lv denied 74 NY2d 602). "[SJince SEQRA determinations are often preliminary steps in a projects decision-making process, the Statute of Limitations begins to run…
2Cases cited5 opinions
- Wing v. CoyneAppellate Division of the Supreme Court of the State of New York · 1987
- Fischer v. RocheNew York Court of Appeals · 1981
- Fischer v. RocheAppellate Division of the Supreme Court of the State of New York · 1981
- Villella v. Department of TransportationAppellate Division of the Supreme Court of the State of New York · 1988
- Treadway v. Town Board of Town of TiconderogaAppellate Division of the Supreme Court of the State of New York · 1990
3Cited by5 opinions
- Sierra Club, Inc. v. Power AuthorityAppellate Division of the Supreme Court of the State of New York · 1994
- Fawcett v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 2000
- BRIARWOOD MANOR PROPERTY LLC v. COUNTY OF NIAGARAAppellate Division of the Supreme Court of the State of New York · 2015
- Briarwood Manor Property LLC v. County of NiagaraAppellate Division of the Supreme Court of the State of New York · 2015
- Briarwood Manor Property LLC v. County of NiagaraAppellate Division of the Supreme Court of the State of New York · 2015