Recent executive and administrative orders carrying-out COVID-19 mitigation and public safety measures will impact litigation within the Article 78 context, specifically the deadlines for commencing a proceeding to challenge municipal determinations. This impact is significant given the short statutes of limitations periods typical to land use litigation. Governor Andrew Cuomo’s Executive Order 202.8 (“Executive Order“) “temporarily suspends or
Continue Reading How Executive Order 202.8’s 30-Day “Tolling” Affects Statutes of Limitations in the Article 78 Context
Time-Frames for Prosecuting an Article 78 Challenge May Be Shorter Than You Think
In Rimler v. City of New York, 2019 N.Y. Slip Op. 03599 (2d Dept, May 8, 2019), which involved a challenge to the issuance of a negative declaration, the Appellate Division, Second Department, affirmed a judgment of the Supreme Court, Kings County, granting respondents’ motion to dismiss the petition and denying the petitioners’ cross-motion to extend the time
Continue Reading Time-Frames for Prosecuting an Article 78 Challenge May Be Shorter Than You Think