Munice v. Board of Examiners

Appellate Division of the Supreme Court of New York

Munice v. Board of Examiners

38 A.D.2d 574, 328 N.Y.S.2d 386, 1971 N.Y. App. Div. LEXIS 2722

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

DecidedDecember 13, 1971

StatusPublished

This text of 38 A.D.2d 574 (Munice v. Board of Examiners) 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

Munice v. Board of Examiners, 38 A.D.2d 574, 328 N.Y.S.2d 386, 1971 N.Y. App. Div. LEXIS 2722 (N.Y. Ct. App. 1971).

Pincite

Opinion

In a proceeding pursuant to article 78 of the CPLR inter alia to annul respondent’s determination denying petitioner’s appeal from an “ unsatisfactory ” rating given him upon a certain portion of an examination for a license of principal [575]*575of day high schools in the City of New York, he appeals from a judgment of the Supreme Court, Kings County, dated March 2, 1971, which dismissed the petition. Judgment affirmed, without costs. No opinion. Hopkins, Acting P. J., Munder, Shapiro and Brennan, JJ., concur; Benjamin, J. dissents and votes to reverse and remand for a determination on the merits, with the following memorandum: In my opinion, the four-month Statute of Limitations applicable to this proceeding did not begin to run until February 21, 1970, when petitioner received the summary statement of the reasons for denial of his administrative appeal. Accordingly, the commencement of this proceeding on June 16, 1970 was timely.

Free access — add to your briefcase to read the full text and ask questions with AI

In a proceeding pursuant to article 78 of the CPLR inter alia to annul respondent’s determination denying petitioner’s appeal from an “ unsatisfactory ” rating given him upon a certain portion of an examination for a license of principal [575]*575of day high schools in the City of New York, he appeals from a judgment of the Supreme Court, Kings County, dated March 2, 1971, which dismissed the petition. Judgment affirmed, without costs. No opinion. Hopkins, Acting P. J., Munder, Shapiro and Brennan, JJ., concur; Benjamin, J. dissents and votes to reverse and remand for a determination on the merits, with the following memorandum: In my opinion, the four-month Statute of Limitations applicable to this proceeding did not begin to run until February 21, 1970, when petitioner received the summary statement of the reasons for denial of his administrative appeal. Accordingly, the commencement of this proceeding on June 16, 1970 was timely.

Cite This Page — Counsel Stack

Bluebook (online)

38 A.D.2d 574, 328 N.Y.S.2d 386, 1971 N.Y. App. Div. LEXIS 2722, Counsel Stack Legal Research, https://law.counselstack.com/opinion/munice-v-board-of-examiners-nyappdiv-1971.