Appellate Division of the Supreme Court of New York, 2002

Roman v. Lombardi

Appellate Division of the Supreme Court of New York · Decided October 29, 2002

298 A.D.2d 313; 748 N.Y.S.2d 499; 2002 N.Y. App. Div. LEXIS 10224

Cases that cite this one

1 later published case cites this decision.

Matter of Kirsch v. Board of Educ. of Williamsville Cent. Sch. Dist. (Appellate Division of the Supreme Court of New York 2017)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Order, Supreme Court, New York County (Diane Lebedeff, J.), entered September 4, 1998, which, inter alia, granted respondents’ cross motion to dismiss the petition brought pursuant to CPLR article 78 as time-barred, unanimously affirmed, without costs.

The petition, filed more than six months after petitioner received notice of the denial of his Freedom of Information Law request, was properly dismissed as time-barred (see CPLR 217 [1]; Matter of McBride v City of New York, 284 AD2d 197, 198). Petitioner’s argument, that it is reasonable to assume that the clerk actually received his papers within the four-month statute of limitations, but failed to stamp them or issue an index number until some three months later, is unsupported *314by the record. Concur — Mazzarelli, J.P., Andrias, Buckley and Marlow, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.