AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

IN THE MATTER OF BLUE HILL PLAZA ASSOCIATES, Respondent, v. ASSESSOR(S) OF THE TOWN OF ORANGETOWN et al., Respondents-Appellants, and PEARL RIVER UNION FREE SCHOOL DISTRICT, Inter

Ordered that the orders are affirmed, with one bill of costs.

We have recently held that the newly-amended CPLR 306-b, which became effective on January 1, 1998 (L 1997, ch 476, § 2), may not be applied retroactively (see, Connor v. Deas, 255 A.D.2d 287; accord, Floyd v. Salamon Bros., 249 A.D.2d 139). Accordingly, the Supreme Court's reliance upon a retroactive application of the statute to sustain the instant petitions was error.

Nevertheless, the orders must be affirmed. Contrary to the appellants' contentions, the petitioners established compliance with the proof of service requirements imposed under former CPLR 306-b (a). The record demonstrates that the petitioners timely filed with the County Clerk duplicate copies of their notices of petition and petitions, which had been date-stamped "received" by the entities on which service had been made. Under the circumstances, the written admissions of receipt filed by the petitioners constituted adequate proof of service within the meaning of CPLR 306 (e) (cf., Sullivan v. Murray, 145 A.D.2d 826; see also, Matter of Goshen Shopping Assocs. v. Assessor[s] of Town of Goshen, 260 A.D.2d 481 [decided herewith]).

The appellants' remaining contentions are without merit.

Bracken, J. P., Thompson, Altman and Krausman, JJ., concur.

Use AI to get other relevant cases.

Comments

MATTER OF BLUE HILL PLAZA ASSOC. v. ASSR(S)
(Apr 12, 1999)