MATTER OF HOTHHOUSE III v. VILLAGE OF OTISVILLE


35 A.D.3d 740 (2006)

824 N.Y.S.2d 908

In the Matter of JOSEPH P. HOTHHOUSE III et al., Petitioners, v. VILLAGE OF OTISVILLE, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided December 19, 2006.


Adjudged that the proceeding is dismissed, with costs.

A proceeding for judicial review of the condemnation of real property must be commenced "within thirty days after the condemnor's completion of its publication of its determination and findings" (EDPL 207 [A]). Here, a synopsis of the findings and determination was published in the Times Herald Record on September 15 and 16, 2005. Since the petition was not filed until October 18, 2005, the proceeding must be...

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