|Matter of Families United for Racial & Economic Equality v Bloomberg|
|2013 NY Slip Op 51640(U)|
|Decided on October 4, 2013|
|Supreme Court, New York County|
|Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.|
|This opinion is uncorrected and will not be published in the printed Official Reports.|
In the Matter of the Application of Families United for Racial and Economic Equality, LOCAL 46 METALLIC LATHERS and REINFORCING IRONWORKERS, IRONWORKERS LOCAL 361, IRONWORKERS LOCAL 580, ENTERPRISE ASSOCIATION STEAMFITTERS LOCAL 638, CEMENT LEAGUE, INC. and NEW YORK STATE ASSEMBLY MEMBER WALTER T. MOSLEY, Petitioners, For a Judgment Pursuant to Article 78 and § 7001 of the Civil Practice Law & Rules
Michael Bloomberg, as Mayor of the City of New York, ROBERT K. STEEL, as Deputy Mayor for Economic Development and Rebuilding, NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT, NEW YORK CITY ECONOMIC DEVELOPMENT CORPORATION, NEW YORK CITY HOUSING DEVELOPMENT CORPORATION, ACADIA REALTY TRUST, ALBEE DEVELOPMENT LLC, WASHINGTON SQUARE PARTNERS, INC. and BFC PARTNERS DEVELOPMENT LLC, Respondents.
Cynthia S. Kern, J.
We reject petitioners' attempt to circumvent the four-month statutory period by characterizing this proceeding as one in the nature of mandamus, as the statute of limitations begins to run from the time of the agency's determination, and not from petitioners' demand that the Parks Department conduct a SEQRA review of the project.
Id. at 36. Thus, the ability to challenge past agency actions on SEQRA grounds cannot be resuscitated by requesting in writing that an SEIS be prepared as the time to challenge alleged deficiencies in the environmental review of an agency action is at the time the agency takes action. See Sierra Club, Inc. v. Power Auth. of State of NY, 203 AD2d 15 (1st Dept 1994)(petitioners' request for an agency's declaratory ruling on the applicability of SEQRA was merely a subterfuge to revive time-barred claims as the challenge was actually to the prior administrative action and was thus beyond the statute of limitations); see also Bonar v. Shaffer, 140 AD2d 153 (1st Dept 1988)(Department of State's refusal to provide an advisory opinion concerning the validity of its own regulations was not improper "particularly since it appears that [*7]petitioner's renewal of communications with the Department of State after the passage of more than a year following approval of the conditional license may have been a subterfuge to revive the limitations period for the purpose of maintaining an article 78 proceeding").
Dated:October 4, 2013Enter: ______________________________