Home/Appellate Division of the Supreme Court of New York/Miller v. McGough

Miller v. McGough

97 A.D.2d 416, 467 N.Y.S.2d 250, 1983 N.Y. App. Div. LEXIS 19993
CourtAppellate Division of the Supreme Court of the State of New York
DecidedOctober 3, 1983
StatusPublished
Cited by11 cases

This text of 97 A.D.2d 416 (Miller v. McGough) 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
Miller v. McGough, 97 A.D.2d 416, 467 N.Y.S.2d 250, 1983 N.Y. App. Div. LEXIS 19993 (N.Y. Ct. App. 1983).

Opinion

In a proceeding pursuant to CPLR article 78 to review a determination of the Commissioner of the New York City Department of Water Resources, which allegedly assessed excess water charges on petitioners’ property, the commissioner appeals (by permission) from an order of the Supreme Court, Richmond County (Rubin, J.), dated April 11,1983, which, inter alia, directed him to conduct a hearing as to the accuracy of the water charges. Order reversed, on the law, with costs, and proceeding dismissed. The determination of petitioners’ water bill became final and binding upon their receipt of the water bill on or about June 25, 1982. Consequently, the instant proceeding to review that determination, which was not commenced until December, 1982, in excess of the four-month period of limitation, was untimely. (See CPLR 217; Lenihan v City of New York, 85 AD2d 562; Matter of Davis v Westchester County Personnel Off., 75 AD2d 600.) Petitioners’ filing of a notice of claim was at best a plea for reconsideration, which neither tolled the Statute of Limitations nor began anew the time within which review could be sought. (Cf. Matter of Trivedi v State Bd. of Law Examiners, 86 AD2d 719; Matter of Qualey v Shang, 70 AD2d 619, 621.) Weinstein, J. P., Bracken, Rubin and Boyers, JJ., concur.

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

Related

Matter of Stewart v. New York City Dept. of Educ.
2019 NY Slip Op 5069 (Appellate Division of the Supreme Court of New York, 2019)
Matter of Filler v. New York City Water Bd.
123 A.D.3d 1030 (Appellate Division of the Supreme Court of New York, 2014)
Field v. Tonawanda City School District
604 F. Supp. 2d 544 (W.D. New York, 2009)
Koehnlein v. Jackson
12 A.D.3d 1185 (Appellate Division of the Supreme Court of New York, 2004)
184 Kent Avenue Associates v. Miele
271 A.D.2d 611 (Appellate Division of the Supreme Court of New York, 2000)
Kyu Chang Yoon v. City of New York
253 A.D.2d 793 (Appellate Division of the Supreme Court of New York, 1998)
Giordano v. City of New York Department of Finance
253 A.D.2d 432 (Appellate Division of the Supreme Court of New York, 1998)
45435 Realty Co. v. City of New York
200 A.D.2d 501 (Appellate Division of the Supreme Court of New York, 1994)
Alizio v. City of New York
146 Misc. 2d 214 (New York Supreme Court, 1990)
Barner v. Jeffersonville-Youngsville Central School District
117 A.D.2d 162 (Appellate Division of the Supreme Court of New York, 1986)
Renley Development Co. v. Town Board of Town of Kirkwood
106 A.D.2d 717 (Appellate Division of the Supreme Court of New York, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
97 A.D.2d 416, 467 N.Y.S.2d 250, 1983 N.Y. App. Div. LEXIS 19993, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-mcgough-nyappdiv-1983.