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 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), and that the Atlantic Yards condemnation satisfies the New York Constitution’s public‑use requirement and does not violate article XVIII, §6’s low‑income occupancy restriction. The decision was reached despite a dissent and a concurrence.