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In re Barrett

Supreme Court of New York, First Department

May 30, 2013

In re Michael Barrett, Petitioner-Respondent,
v.
New York City Housing Authority, Respondent-Appellant.

Kelly D. MacNeal, New York (Seth E. Kramer of counsel), for appellant.

Michael Barrett, respondent pro se.

Sweeny, J.P., Saxe, Moskowitz, Gische, Clark, JJ.

Order, Supreme Court, New York County (Emily Jane Goodman, J.), entered February 15, 2011, which denied respondent's cross motion to dismiss the petition, unanimously reversed, on the law, without costs, the cross motion granted, the petition denied, and the proceeding brought pursuant to CPLR article 78 dismissed.

The proceeding is barred by the statute of limitations since petitioner failed to file his petition within the time required by CPLR 217(1), namely, four months after respondent issued its final determination on December 16, 2009 (see Matter of Thornton v New York City Hous. Auth., 100 A.D.3d 556, 557 [1st Dept 2012]). This Court cannot extend the statute of limitations (see CPLR 201), nor does it have discretion to address the merits of petitioner's other arguments (Thornton at 557).


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