Matter of Hyra v. Jacobellis

2017 NY Slip Op 1555, 148 A.D.3d 710, 47 N.Y.S.3d 717
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMarch 1, 2017
Docket2014-02264
StatusPublished

This text of 2017 NY Slip Op 1555 (Matter of Hyra v. Jacobellis) 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
Matter of Hyra v. Jacobellis, 2017 NY Slip Op 1555, 148 A.D.3d 710, 47 N.Y.S.3d 717 (N.Y. Ct. App. 2017).

Opinion

In a proceeding pursuant to CPLR article 78, inter alia, to compel the respondent Justice Thomas Jacobellis of the Town of Carmel Justice Court to reinstate certain charges formerly pending in that Court, the petitioner appeals from a judgment of the Supreme Court, Putnam County (Nicolai, J.), dated December 27, 2013, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

The petition was properly denied, and the proceeding was properly dismissed, as barred by the four-month statute of limitations applicable to CPLR article 78 proceedings (see CPLR 217 [1]; Matter of Holtzman v Marrus, 74 NY2d 865 [1989]).

Eng, P.J., Leventhal, Cohen and Duffy, JJ., concur.

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Related

MATTER OF HOLTZMAN v. Marrus
547 N.E.2d 84 (New York Court of Appeals, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
2017 NY Slip Op 1555, 148 A.D.3d 710, 47 N.Y.S.3d 717, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-hyra-v-jacobellis-nyappdiv-2017.