Welburn v. Miller

Appellate Division of the Supreme Court of New York

Welburn v. Miller

86 A.D.2d 926, 450 N.Y.S.2d 437, 1982 N.Y. App. Div. LEXIS 15605

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

DecidedFebruary 18, 1982

StatusPublished

This text of 86 A.D.2d 926 (Welburn v. Miller) 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

Welburn v. Miller, 86 A.D.2d 926, 450 N.Y.S.2d 437, 1982 N.Y. App. Div. LEXIS 15605 (N.Y. Ct. App. 1982).

Pincite

Opinion

Appeal from a judgment of the Supreme Court at Special Term (Weiss, J.), entered January 16, 1981 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, for an order requiring respondents to upgrade petitioner’s civil service classification and for related relief. Since the facts, as recited in the petition itself, demonstrate that this proceeding was not commenced within the four-month period mandated by CPLR 217, the petition was properly dismissed. We reach no other issue. Judgment affirmed, without costs. Sweeney, J. P., Kane, Yesawich, Jr., and Levine, JJ., concur.

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Appeal from a judgment of the Supreme Court at Special Term (Weiss, J.), entered January 16, 1981 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, for an order requiring respondents to upgrade petitioner’s civil service classification and for related relief. Since the facts, as recited in the petition itself, demonstrate that this proceeding was not commenced within the four-month period mandated by CPLR 217, the petition was properly dismissed. We reach no other issue. Judgment affirmed, without costs. Sweeney, J. P., Kane, Yesawich, Jr., and Levine, JJ., concur.

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Bluebook (online)

86 A.D.2d 926, 450 N.Y.S.2d 437, 1982 N.Y. App. Div. LEXIS 15605, Counsel Stack Legal Research, https://law.counselstack.com/opinion/welburn-v-miller-nyappdiv-1982.