Challenge to Housing for Homeless Sex Offenders Was Untimely

The Town of Southampton sued to contest Suffolk County's use of trailers to temporarily house homeless sex offenders. Suffolk County claimed that the town's challenge was untimely and asked the court to dismiss the case. The court ruled against the county, which appealed and won. In February 2007, the county put one trailer on county-owned property in Westhampton. In May 2007, the county set up a second trailer in Riverside. But the town should have commenced an Article 78 proceeding against the county within four months of the trailer installations, which were final determinations of the county that triggered the limitations period. The town didn't sue the county until at least two years later, in May 2009.

Town of Southampton v. County of Suffolk: NYLJ, 9/21/12, p. 26, col. 4 (App. Div. 2 Dept.; Rivera, JP, Eng, Lott, Miller, JJ)