Landlord Started Case Against Loft Board on Time

April 30, 1993

LVT Number: 6943

Landlord appealed a decision of the Loft Board in court. The court dismissed landlord's petition as untimely, and landlord appealed. The appeals court reversed. At the time landlord filed its notice of petition, on January 11, 1991, the law allowed for the petition itself to be served upon the Loft Board 60 days later. This 60-day extension under former Civil Practice Law and Rules section 203(b) (5) applied to Article 78 proceedings such as the one brought by landlord.

Landlord appealed a decision of the Loft Board in court. The court dismissed landlord's petition as untimely, and landlord appealed. The appeals court reversed. At the time landlord filed its notice of petition, on January 11, 1991, the law allowed for the petition itself to be served upon the Loft Board 60 days later. This 60-day extension under former Civil Practice Law and Rules section 203(b) (5) applied to Article 78 proceedings such as the one brought by landlord.

Matter of Shumsky: NYLJ, p. 23, col. 2 (4/8/93) (App. Div. 1 Dept.; Ellerin, JP, Kupferman, Ross, Kassal, JJ)

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