Cain v. New York State Crime Victims Compensation Board

Appellate Division of the Supreme Court of New York

Cain v. New York State Crime Victims Compensation Board

92 A.D.2d 569, 459 N.Y.S.2d 726, 1983 N.Y. App. Div. LEXIS 16801

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 14, 1983

StatusPublished

This text of 92 A.D.2d 569 (Cain v. New York State Crime Victims Compensation Board) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cain v. New York State Crime Victims Compensation Board, 92 A.D.2d 569, 459 N.Y.S.2d 726, 1983 N.Y. App. Div. LEXIS 16801 (N.Y. Ct. App. 1983).

Pincite

Opinion

In a proceeding pursuant to CPLR article 78 to review a determination of the Crime Victims Compensation Board insofar as it denied petitioner’s request for compensation for loss of earnings, petitioner appeals from a judgment of the Supreme Court, Kings County (Monteleone, J.), dated April 28,1982, which granted a cross motion to dismiss the proceeding on the ground that it was barred by the Statute of Limitations. Judgment reversed, without costs or disbursements, cross motion denied, and matter remitted to Special Term for further proceedings consistent herewith. The determination of the Crime Victims Compensation Board, dated October 6,1981, was served upon petitioner’s attorney no earlier than October 26, 1981. The article 78 proceeding was commenced on February 11, 1982, within four months later. Therefore, the proceeding was timely commenced (CPLR 217). Damiani, J. P., Gibbons, Thompson and Boyers, JJ., concur.

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In a proceeding pursuant to CPLR article 78 to review a determination of the Crime Victims Compensation Board insofar as it denied petitioner’s request for compensation for loss of earnings, petitioner appeals from a judgment of the Supreme Court, Kings County (Monteleone, J.), dated April 28,1982, which granted a cross motion to dismiss the proceeding on the ground that it was barred by the Statute of Limitations. Judgment reversed, without costs or disbursements, cross motion denied, and matter remitted to Special Term for further proceedings consistent herewith. The determination of the Crime Victims Compensation Board, dated October 6,1981, was served upon petitioner’s attorney no earlier than October 26, 1981. The article 78 proceeding was commenced on February 11, 1982, within four months later. Therefore, the proceeding was timely commenced (CPLR 217). Damiani, J. P., Gibbons, Thompson and Boyers, JJ., concur.

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Bluebook (online)

92 A.D.2d 569, 459 N.Y.S.2d 726, 1983 N.Y. App. Div. LEXIS 16801, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cain-v-new-york-state-crime-victims-compensation-board-nyappdiv-1983.