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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

New York City Housing Authority v. Pretto, 8 Misc. 3d 708 (2005)

Citation
New York City Housing Authority v. Pretto, 8 Misc. 3d 708 (2005)
Parent Document
New York City Housing Authority v. Pretto, 8 Misc. 3d 708 (2005)
Jurisdiction
New York (state)
Effective Date
2005-05-05

Other Sections in This Document (23)

Full Text

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Finally, the petitioner contends that, if CPLR 215 (4) applies, then a three-year statute of limitations is mandated by that statute. Under the applicable section of the statute, where a private individual fails to commence an action within one year, the District Attorney or Attorney General may commence an action within three years after commission of the offense. *710Petitioner argues that, because the instant proceeding was commenced at the behest of the District Attorney’s Office, it steps into the shoes of the District Attorney and is, therefore, entitled to the three-year statutory time frame. The petitioner states that a demand was made on November 21, 2003 by the District Attorney to commence this action.