In this proceeding pursuant to CPLR Article 78 seeking a court order to annul a determination of a Board of Education and two resolutions of the Board the Petitioners appealed a New York State Supreme Court order and judgment which dismissed such efforts by the Petitioners'.
The Appellate Division affirmed the Supreme Courts rulings with costs.
Petitioners had alleged that the Board of Education had violated the State Environmental Quality Review Act [SEQRA] and challenged the two resolutions of the Board.
Addressing the Supreme Court's rulings with respect to the Board's resolutions, the Appellate Division explained that "[u]nless a shorter time is provided in the law authorizing the proceeding, a proceeding against a body or officer must be commenced within four months after the determination to be reviewed becomes final and binding upon the petitioner or the person whom he represents in law or in fact."
Further, citing Matter of Velardi-Ward v New York State Dept. of Envtl. Conservation, 227 AD3d 1090, the Appellate Division noted "Such determination is final and binding when the decisionmaker arrives at a definitive position on the issue that inflicts an actual, concrete injury".
The Appellate Division noted that the instant proceeding was untimely as Supreme Court had "properly determined that the Petitioners failed to bring this proceeding to challenge the SEQRA determination within the requisite four-month statute of limitations, and the Petitioners' remaining contention was "improperly raised for the first time on" appeal and, in any event, without merit".
Click HERE to access the Appellate Division's decision posted on the Internet.