Home/Appellate Division of the Supreme Court of New York/De Milio v. Borghard

De Milio v. Borghard

81 A.D.2d 613, 437 N.Y.S.2d 723, 1981 N.Y. App. Div. LEXIS 11110
CourtAppellate Division of the Supreme Court of the State of New York
DecidedApril 13, 1981
StatusPublished

This text of 81 A.D.2d 613 (De Milio v. Borghard) 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
De Milio v. Borghard, 81 A.D.2d 613, 437 N.Y.S.2d 723, 1981 N.Y. App. Div. LEXIS 11110 (N.Y. Ct. App. 1981).

Opinions

— In a proceeding pursuant to CPLR article 78 to review respondents’ determination terminating petitioner’s probationary employment, and to compel his reinstatement, petitioner appeals from a judgment of the Supreme Court, Westchester County, entered May 6, 1980, which dismissed the petition. Judgment affirmed, with $50 costs and disbursements. This petition, served March 5, 1980, sought to review respondents’ determination terminating petitioner’s probationary employment effective as of October 25, 1979. By an attorney’s letter dated October 29, 1979, petitioner requested a review of the respondents’ determination. Petitioner claims he received a negative response on or about November 15, 1979, from which date he would seek to have the four-month Statute of Limitations (CPLR 217) run, thus making his application timely. Since an application to reconsider an administrative determination does not extend the four-month statutory period (Matter of Qualey v Shang, 70 AD2d 619), October 25, 1979 is the time from which the statute runs (see Matter of Wininger v Williamson, 46 AD2d 689). Accordingly, Special Term properly dismissed the petition as untimely (see Matter of Davis v Westchester County Personnel Off., 75 AD2d 600). Hopkins, Titone and Gibbons, JJ., concur.

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Related

Matter of Burke v. Vill. of Johnson City
277 N.E.2d 923 (New York Court of Appeals, 1971)
Austin v. Board of Higher Education
158 N.E.2d 681 (New York Court of Appeals, 1959)
Burke v. Village of Johnson City
36 A.D.2d 202 (Appellate Division of the Supreme Court of New York, 1971)
Fryer v. Broome County Board of Supervisors
37 A.D.2d 755 (Appellate Division of the Supreme Court of New York, 1971)
Wininger v. Williamson
46 A.D.2d 689 (Appellate Division of the Supreme Court of New York, 1974)
Sirles v. Cordary
49 A.D.2d 330 (Appellate Division of the Supreme Court of New York, 1975)
Johnson v. Director, Downstate Medical Center
52 A.D.2d 357 (Appellate Division of the Supreme Court of New York, 1976)
Qualey v. Shang
70 A.D.2d 619 (Appellate Division of the Supreme Court of New York, 1979)
Davis v. Westchester County Personnel Office
75 A.D.2d 600 (Appellate Division of the Supreme Court of New York, 1980)

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Bluebook (online)
81 A.D.2d 613, 437 N.Y.S.2d 723, 1981 N.Y. App. Div. LEXIS 11110, Counsel Stack Legal Research, https://law.counselstack.com/opinion/de-milio-v-borghard-nyappdiv-1981.