Senese v. Village of Penn Yan

Appellate Division of the Supreme Court of New York

Senese v. Village of Penn Yan

288 A.D.2d 903, 732 N.Y.S.2d 607, 2001 N.Y. App. Div. LEXIS 10603

Appellate Division of the Supreme Court of the State of New York·Decided November 9, 2001·Published

Opinion

—Judgment [904] unanimously affirmed without costs. Memorandum: Supreme Court properly granted respondents’ motion to dismiss the petition as time-barred. The determination terminating petitioner’s employment was final and binding on September 22, 1999. This proceeding, commenced in August 2000, is barred by the four-month limitations period provided in CPLR 217 (see, Matter of Malloy v New York City Health & Hosps. Corp., 208 AD2d 542, Iv denied 84 NY2d 812; Matter of Bevins v Burgher, 83 AD2d 662). (Appeal from Judgment of Supreme Court, Yates County, Falvey, J. — CPLR art 78.) Present — Green, J. P., Hayes, Scudder, Kehoe and Burns, JJ.

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—Judgment [904] unanimously affirmed without costs. Memorandum: Supreme Court properly granted respondents’ motion to dismiss the petition as time-barred. The determination terminating petitioner’s employment was final and binding on September 22, 1999. This proceeding, commenced in August 2000, is barred by the four-month limitations period provided in CPLR 217 (see, Matter of Malloy v New York City Health & Hosps. Corp., 208 AD2d 542, Iv denied 84 NY2d 812; Matter of Bevins v Burgher, 83 AD2d 662). (Appeal from Judgment of Supreme Court, Yates County, Falvey, J. — CPLR art 78.) Present — Green, J. P., Hayes, Scudder, Kehoe and Burns, JJ.

Senese v. Village of Penn Yan, 288 A.D.2d 903, 732 N.Y.S.2d 607, 2001 N.Y. App. Div. LEXIS 10603 (N.Y. Ct. App. 2001).

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288 A.D.2d 903 (Senese v. Village of Penn Yan) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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