45435 Realty Co. v. City of New York

Full title: 45435 REALTY CO., Also Known as 43435 REALTY Co., Appellant, v. CITY OF…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 20, 1994

200 A.D.2d 501 (N.Y. App. Div. 1994)

606 N.Y.S.2d 637

Opinion

January 20, 1994

Appeal from the Supreme Court, New York County (Walter Tolub, J.).

It is axiomatic that the proper vehicle to challenge the final determination of an administrative agency is an article 78 proceeding. The receipt of a water bill constitutes a final and binding determination of the issuing agency (Matter of Miller v McGough, 97 A.D.2d 416). Thus, the IAS Court properly considered the plaintiffs action as an article 78 proceeding and applied the four-month Statute of Limitations (CPLR 217). Because plaintiff failed to commence this action until April 8, 1993, more than four months after its outstanding water and sewer charges were due on June 30, 1992 and August 3, 1992, its claims were time-barred. Plaintiff's unsubstantiated claim that it was improperly billed for these services does not alter this result.

Concur — Sullivan, J.P., Asch, Rubin, Nardelli and Williams, JJ.