New York Court of Appeals

In the Matter of Daniel Goldstein, Appellants v. New York State Urban Development Corporation, Doing…

November 24, 200913 N.Y.3d 511

Summary

The Court of Appeals affirmed the Appellate Division, holding that the 30‑day filing deadline in EDPL §207(A) is a condition precedent that cannot be tolled by CPLR 205(a), that the condemnation for the Atlantic Yards project satisfies the New York Constitution’s public‑use requirement because it addresses blight, and that article XVIII, §6’s occupancy restriction does not apply to this land‑use improvement project. The decision was contested by a dissent and a separate concurrence.