Matter of Quogue Associates v. N.Y. St. Dept

Full title: In the Matter of QUOGUE ASSOCIATES, Appellant, v. NEW YORK STATE…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Aug 12, 1985

112 A.D.2d 999 (N.Y. App. Div. 1985)

Opinion

August 12, 1985

Appeal from the Supreme Court, Suffolk County (Doyle, J.).

Judgment affirmed, without costs or disbursements.

Petitioner timely served the Attorney-General with the notice of petition and petition in this proceeding pursuant to CPLR 7804 (c), but failed to timely serve respondent. The Attorney-General is not a party to this proceeding, but rather the prospective attorney for a party. Thus, petitioner's timely service upon the Attorney-General did not toll the statutory period of limitations and allow for untimely service of the notice of petition and petition upon the respondent ( see, Matter of Cohen v. State Tax Commn., 51 A.D.2d 79; Matter of Upstate Milk Coops. v. State of New York Dept. of Agric. Mkts, 101 A.D.2d 940). Mangano, J.P., Brown, O'Connor and Weinstein, JJ., concur.