Matter of Federation of Mental Health Centers, Inc. v. DeBuono

In Matter of Federation of Mental Health Centers, Inc. v. DeBuono, 275 A.D.2d 557, the petitioners commenced an article 78 proceeding in 1998 challenging regulations that became effective in 1991. The Third Department held that regardless of whether the four-month Statute of Limitations applicable to an article 78 proceeding or the six-year Statute of Limitations applicable to a declaratory judgment action was applied to the litigation it was still not timely. It appears from the decision of the Appellate Division that it determined that a cause of action challenging a regulation commences to run upon the date that the regulation becomes effective.