Park South Tenants Corp. v. Board of Education

Appellate Division of the Supreme Court of New York

Park South Tenants Corp. v. Board of Education

208 A.D.2d 394, 617 N.Y.S.2d 296, 1994 N.Y. App. Div. LEXIS 9494

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

DecidedOctober 11, 1994

StatusPublished

This text of 208 A.D.2d 394 (Park South Tenants Corp. v. Board of Education) 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

Park South Tenants Corp. v. Board of Education, 208 A.D.2d 394, 617 N.Y.S.2d 296, 1994 N.Y. App. Div. LEXIS 9494 (N.Y. Ct. App. 1994).

Pincite

Opinion

Order, Supreme Court, New York County (Salvador Collazo, J.), entered June 16, 1994, which (1) denied plaintiff’s motion for a preliminary injunction prohibiting defendants from proceeding with the opening of two high schools in leased office space until defendants complied with certain notice provisions and environmental requirements, and (2) granted defendants’ cross-motion to consolidate the two actions and convert them into a CPLR article 78 proceeding, and thereupon dismissed the proceeding as untimely, unanimously affirmed, without costs.

As the renovation of the premises is neither new construction nor an addition to an educational facility, Public Authorities Law § 1731 requirements for notice, public hearings, and the filing of a site plan are inapplicable herein. We also note that this proceeding is time-barred by the four-month statute of limitations (CPLR 217; Solnick v Whalen, 49 NY2d 224; New York City Health & Hosps. Corp. v McBarnette, 84 NY2d 194; see, 416 NY St L Dig 1 [Aug. 1994]). Concur—Ellerin, J. P., Kupferman, Asch, Nardelli and Tom, JJ.

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Order, Supreme Court, New York County (Salvador Collazo, J.), entered June 16, 1994, which (1) denied plaintiff’s motion for a preliminary injunction prohibiting defendants from proceeding with the opening of two high schools in leased office space until defendants complied with certain notice provisions and environmental requirements, and (2) granted defendants’ cross-motion to consolidate the two actions and convert them into a CPLR article 78 proceeding, and thereupon dismissed the proceeding as untimely, unanimously affirmed, without costs.

As the renovation of the premises is neither new construction nor an addition to an educational facility, Public Authorities Law § 1731 requirements for notice, public hearings, and the filing of a site plan are inapplicable herein. We also note that this proceeding is time-barred by the four-month statute of limitations (CPLR 217; Solnick v Whalen, 49 NY2d 224; New York City Health & Hosps. Corp. v McBarnette, 84 NY2d 194; see, 416 NY St L Dig 1 [Aug. 1994]). Concur—Ellerin, J. P., Kupferman, Asch, Nardelli and Tom, JJ.

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Bluebook (online)

208 A.D.2d 394, 617 N.Y.S.2d 296, 1994 N.Y. App. Div. LEXIS 9494, Counsel Stack Legal Research, https://law.counselstack.com/opinion/park-south-tenants-corp-v-board-of-education-nyappdiv-1994.

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