Daughtry v. New York City Police Department

Appellate Division of the Supreme Court of New York

Daughtry v. New York City Police Department

250 A.D.2d 415, 671 N.Y.S.2d 659, 1998 N.Y. App. Div. LEXIS 5398

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

DecidedMay 12, 1998

StatusPublished

This text of 250 A.D.2d 415 (Daughtry v. New York City Police Department) 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

Daughtry v. New York City Police Department, 250 A.D.2d 415, 671 N.Y.S.2d 659, 1998 N.Y. App. Div. LEXIS 5398 (N.Y. Ct. App. 1998).

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Opinion

—Order, Supreme Court, New York County (Elliott Wilk, J.), entered December 4, 1996, which, in a proceeding pursuant to CPLR article 78 to annul respondents’ denial of petitioner’s application to become a Special Patrolman, granted respondents’ motion to dismiss the petition as barred by the Statute of Limitations, unanimously affirmed, without costs.

The proceeding was properly dismissed as time-barred, respondents’ determination having become “final and binding” [416]*416(CPLR 217 [1]) on February 22, 1996, more than four months before commencement of the proceeding, when petitioner was notified that his appeal from the denial of his application had been denied and that respondents’ investigation was concluded. Concur — Sullivan, J. P., Nardelli, Williams and Andrias, JJ.

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—Order, Supreme Court, New York County (Elliott Wilk, J.), entered December 4, 1996, which, in a proceeding pursuant to CPLR article 78 to annul respondents’ denial of petitioner’s application to become a Special Patrolman, granted respondents’ motion to dismiss the petition as barred by the Statute of Limitations, unanimously affirmed, without costs.

The proceeding was properly dismissed as time-barred, respondents’ determination having become “final and binding” [416]*416(CPLR 217 [1]) on February 22, 1996, more than four months before commencement of the proceeding, when petitioner was notified that his appeal from the denial of his application had been denied and that respondents’ investigation was concluded. Concur — Sullivan, J. P., Nardelli, Williams and Andrias, JJ.

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Bluebook (online)

250 A.D.2d 415, 671 N.Y.S.2d 659, 1998 N.Y. App. Div. LEXIS 5398, Counsel Stack Legal Research, https://law.counselstack.com/opinion/daughtry-v-new-york-city-police-department-nyappdiv-1998.