In Matter of C. v Board of Educ. of the Cornwall Cent. Sch. Dist., the Appellate Division, Second Department, affirmed the dismissal of a CPLR article 78 proceeding brought by petitioners seeking to annul certain determinations and resolutions of the Board of Education of the Cornwall Central School District. The petitioners alleged that the Board violated the State Environmental Quality Review Act (SEQRA) in its approval process for constructing a sports field.
The AD2 focused on the timeliness of the petition under CPLR 217(1), which requires that such proceedings be commenced within four months of a final and binding determination. Although the petitioners challenged actions taken by the Board in May and July 2023, the court found that the relevant SEQRA determination—the issuance of a negative declaration—occurred on March 14, 2022, and was updated on April 21, 2022. This declaration represented the Board’s definitive position and triggered the statute of limitations.
Because the proceeding was not commenced until July 21, 2023, it fell outside the permissible four-month window. The court concluded that the later resolutions did not constitute new SEQRA determinations and therefore did not reset the limitations period. Accordingly, the Supreme Court properly dismissed the SEQRA-related claims as time-barred.
The petitioners’ remaining argument was deemed improperly raised for the first time on appeal and was found to be without merit. This decision underscores the importance of identifying the precise moment when an agency’s determination becomes final for purposes of judicial review, particularly in environmental law contexts.
That was no field of dreams ... or was it?
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DECISION
Matter of C. v Board of Educ. of the Cornwall Cent. Sch. Dist