Schleigh v. Lang

Appellate Division of the Supreme Court of New York

Schleigh v. Lang

198 A.D.2d 774, 604 N.Y.S.2d 370

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

DecidedNovember 19, 1993

StatusPublished

This text of 198 A.D.2d 774 (Schleigh v. Lang) 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

Schleigh v. Lang, 198 A.D.2d 774, 604 N.Y.S.2d 370 (N.Y. Ct. App. 1993).

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Opinion

—Judgment unanimously affirmed without costs. Memorandum: We reject respondents’ argument that the proceeding is not ripe for review. The District has voted to authorize the purchase of the lands owned by the State. That action is final. Petitioners are entitled to attack it and need not await the actual purchase before commencing suit.

We also reject respondents’ argument that the proceeding is barred by the four-month Statute of Limitations (CPLR 217). The action did not become final and binding upon petitioners until August 29, 1992, when the electors of the District approved the proposition (see, L 1981, ch 263, § 10 [c]). The petition was filed within four months of that date. (Appeal from Judgment of Supreme Court, Cattaraugus County, Francis, J. — Article 78.) Present — Denman, P. J., Callahan, Balio, Boomer and Boehm, JJ.

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—Judgment unanimously affirmed without costs. Memorandum: We reject respondents’ argument that the proceeding is not ripe for review. The District has voted to authorize the purchase of the lands owned by the State. That action is final. Petitioners are entitled to attack it and need not await the actual purchase before commencing suit.

We also reject respondents’ argument that the proceeding is barred by the four-month Statute of Limitations (CPLR 217). The action did not become final and binding upon petitioners until August 29, 1992, when the electors of the District approved the proposition (see, L 1981, ch 263, § 10 [c]). The petition was filed within four months of that date. (Appeal from Judgment of Supreme Court, Cattaraugus County, Francis, J. — Article 78.) Present — Denman, P. J., Callahan, Balio, Boomer and Boehm, JJ.

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Bluebook (online)

198 A.D.2d 774, 604 N.Y.S.2d 370, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schleigh-v-lang-nyappdiv-1993.

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