42. Statute of Limitations

15 DOS App. 97 (215 DOS 97) Piche v. DOS - administrative appeal; statute of limitation; appeal of administrative hearing denying broker’s license is time barred where appellant fails to submit memorandum of appeal within thirty days of receipt of the decision of the Office of Administrative Hearings as required by 19 NYCRR 400.2(k); appellant incorrectly relied upon 19 NYCRR 400.13 setting forth the time periods that must be observed by the Secretary of State and Office of Administrative Hearings in concluding adjudicatory proceeding; appeal dismissed

16 DOS APP. 97 (247 DOS 97) Abreu Realty v. DOS - administrative appeal; appeal of a decision of the Office of Administrative Hearings must be made within thirty calendar days of receipt of the decision (19 NYCRR §400.K); appeal not timely filed, dismissed

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Fourth quarter Legal Lines now available

The fourth quarter 2018 edition of NYSAR’s Legal Lines is now available online at This edition covers brokers not responsible for an error on a listing, a landlord offering alternative accommodations did not violate the Fair Housing Act, Supreme Court finds a brokerage entitled to commission under an agreement and more. Learn more