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In the Matter of PAUL PALMIERI, Appellant, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, Respondent.

Ordered that the order and judgment is affirmed insofar as appealed from, with costs.

Contrary to the petitioner's contention, the Supreme Court properly dismissed the petition as time-barred. The Supreme Court correctly applied the 30-day limitations period in ECL 25-0404 and held that the petition, filed 57 days after the determination of the Commissioner of the New York State Department of Environmental Conservation (hereinafter the DEC), was untimely ( see Matter of Oak Is. Beach Assn. v Flacke, 96 AD2d 841).

Furthermore, the petitioner offered no good cause for his delay in serving the DEC, and that branch of his cross motion which was for leave to extend the time for service was made over three months after his first attempt at service. Accordingly, the Supreme Court providently exercised its discretion in denying that branch of the cross motion ( see Matter of Saltzman v Board of Appeals of Vil. of Roslyn, 26 AD3d 505, 506; Colon v Bailey, 26 AD3d 454, 455-456).

In light of our determination, we need not reach the petitioner's remaining contention.

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PALMIERI v. NY. STATE DEPAR
(Jul 18, 2006)