MTR. OF COLODNEY v. N. Y. COFFEE EXCH.


2 N.Y.2d 149 (1956)

In the Matter of Bernard Colodney et al., Appellants, v. New York Coffee and Sugar Exchange, Inc., Respondent.

Court of Appeals of the State of New York.

Decided November 30, 1956.


Attorney(s) appearing for the Case

Harold L. Smith, Powell Pierpoint and Jerome G. Shapiro for appellants.

Whitman Knapp, W. Mason Smith, Jr., and David D. Brown, III, for respondent.

CONWAY, Ch. J., DESMOND, DYE, FULD, FROESSEL and BURKE, JJ., concur in Per Curiam opinion; VAN VOORHIS, J., dissents in an opinion.


Per Curiam.

This proceeding under article 78 of the Civil Practice Act was properly dismissed on the ground that it had not been commenced within four months after the determination sought to be reviewed had become final and binding (Civ. Prac. Act, § 1286). That determination was made by respondent's board of managers after a hearing at which petitioners were presented with the charges and at which they testified...

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