Siskavich v. Broadnax

Appellate Division of the Supreme Court of New York

Siskavich v. Broadnax

156 A.D.2d 779, 550 N.Y.S.2d 854, 1989 N.Y. App. Div. LEXIS 15731

Appellate Division of the Supreme Court of the State of New York·Decided December 14, 1989·Published

Opinion

Casey, J.

Appeal from a judgment of the Supreme Court (Viscardi, J.), entered November 10, 1988 in Clinton County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition.

Petitioner seeks review of an administrative determination made more than four months prior to the attempted commencement of this proceeding (see, CPLR 217; Matter of Miller v Ambach, 124 AD2d 882). In any event, the petition was never served in the manner required by CPLR 7804 (c). The judgment dismissing the petition should, therefore, lie affirmed.

Judgment affirmed, without costs. Kane, J. P., Casey, Weiss, Mercure and Harvey, JJ., concur.

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Casey, J.

Appeal from a judgment of the Supreme Court (Viscardi, J.), entered November 10, 1988 in Clinton County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition.

Petitioner seeks review of an administrative determination made more than four months prior to the attempted commencement of this proceeding (see, CPLR 217; Matter of Miller v Ambach, 124 AD2d 882). In any event, the petition was never served in the manner required by CPLR 7804 (c). The judgment dismissing the petition should, therefore, lie affirmed.

Judgment affirmed, without costs. Kane, J. P., Casey, Weiss, Mercure and Harvey, JJ., concur.

Siskavich v. Broadnax, 156 A.D.2d 779, 550 N.Y.S.2d 854, 1989 N.Y. App. Div. LEXIS 15731 (N.Y. Ct. App. 1989).

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