Legal Opinion
Best Payphones, Inc. v. Department of Information Technology & Telecommunications
New York Court of Appeals
Decided June 9, 2005PublishedCited by 171 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Kaye.
At issue before us is the date when an administrative determination became “final and binding upon the petitioner,” so as to trigger the four-month limitations period for CPLR article 78 review (CPLR 217 [1]).
Petitioner, Best Payphones, Inc., owned and operated sidewalk payphones in New York City. Respondent, the New York City Department of Information Technology and Telecommunications (DOITT), regulates pay telephone operations on city streets. On August 11, 1999, the City approved petitioner’s payphone franchise, subject to certain conditions, including…
2Cases cited4 opinions
- Solnick v. WhalenNew York Court of Appeals · 1980
- Church of St. Paul & St. Andrew v. BarwickNew York Court of Appeals · 1986
- Essex County v. ZagataNew York Court of Appeals · 1998
- Stop-The-Barge v. CahillNew York Court of Appeals · 2003
3Cited by171 opinions
- Walton v. New York State Department of Correctional ServicesNew York Court of Appeals · 2007
- Eadie v. Town BoardNew York Court of Appeals · 2006
- Matter of City of Ny (Grand Lafayette)New York Court of Appeals · 2006
- Matter of Better World Real Estate Group v. New York City Dept. of Fin.Appellate Division of the Supreme Court of the State of New York · 2014
- Matter of Tayinha Banos v. John Rhea / Matter of Viola Dial v. John RheaNew York Court of Appeals · 2015
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