MATTER OF McDERMOTT v. JOHNSON


2 A.D.2d 805 (1956)

In the Matter of Wilbur McDermott et al., Appellants, v. John Johnson, as Superintendent of The Department of Public Works of the State of New York, Respondent

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

July 13, 1956


Order reversed on the law, without costs of this appeal to any party, and matter remitted to Special Term for a determination of the issues involved.

Memorandum:

This is an article 78 proceeding to compel the reinstatement of former employees of the Department of Public Works. Respondent has moved for a dismissal of the proceeding on the ground that it was not commenced within the time limited by section 1286 of the Civil Practice Act. Petitioners are exempt...

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