Hotel Associates, Inc. v. Department of Social Services

Appellate Division of the Supreme Court of New York

Hotel Associates, Inc. v. Department of Social Services

171 A.D.2d 460

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

DecidedMarch 12, 1991

StatusPublished

This text of 171 A.D.2d 460 (Hotel Associates, Inc. v. Department of Social Services) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hotel Associates, Inc. v. Department of Social Services, 171 A.D.2d 460 (N.Y. Ct. App. 1991).

Pincite

Opinion

Decision and Order of Supreme Court, New York County (David B. Saxe, J.), entered April 29, 1989 which denied petitioner’s CPLR article 78 petition and granted respondents’ cross-motion, unanimously affirmed, without costs.

While the matter was timely brought because the statute of limitations ran from the date when petitioner first received notice of the determination (see, Matter of Biondo v New York State Bd. of Parole, 60 NY2d 832, 834), the motion court properly dismissed the petition. Petitioner failed to name DHCR the agency which issued the adverse determination. Furthermore, the mere mailing of the petition to DHCR did not constitute effective service. (CPLR 403 [c]; 9 NYCRR part 2530.) Concur — Carro, J. P., Wallach, Ross, Kassal and Rubin, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Decision and Order of Supreme Court, New York County (David B. Saxe, J.), entered April 29, 1989 which denied petitioner’s CPLR article 78 petition and granted respondents’ cross-motion, unanimously affirmed, without costs.

While the matter was timely brought because the statute of limitations ran from the date when petitioner first received notice of the determination (see, Matter of Biondo v New York State Bd. of Parole, 60 NY2d 832, 834), the motion court properly dismissed the petition. Petitioner failed to name DHCR the agency which issued the adverse determination. Furthermore, the mere mailing of the petition to DHCR did not constitute effective service. (CPLR 403 [c]; 9 NYCRR part 2530.) Concur — Carro, J. P., Wallach, Ross, Kassal and Rubin, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

171 A.D.2d 460, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hotel-associates-inc-v-department-of-social-services-nyappdiv-1991.

Opinion

Related

Cite This Page — Counsel Stack