MATTER OF AMSTERDAM CITY HOSP. v. HOFFMAN


278 A.D. 292 (1951)

In the Matter of Amsterdam City Hospital, Appellant, v. Roland Hoffman, as Commissioner of Public Welfare of Montgomery County, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 9, 1951.


Attorney(s) appearing for the Case

Charles E. Hardies, Jr., for appellant.

Chandler S. Knight for respondent.

HEFFERNAN, J. P., BREWSTER, DEYO and COON, JJ., concur.


BERGAN, J.

Before the innovation in the practice made in 1937 by the enactment of article 78 of the Civil Practice Act (L. 1937, ch. 526), there was no Statute of Limitations on mandamus. The timeliness of the former writ and of the later (1920) order of mandamus was regulated judicially. There is today a nominal statutory limitation of time on the institution of the present successor to mandamus; but the control...

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