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MATTER OF WILSEY v. JOHNSON

4 A.D.2d 734 (1957)

In the Matter of Evan Wilsey, Respondent, v. John W. Johnson, as Superintendent of Public Works of The State of New York, Appellant In the Matter of Irving B. Makely, Respondent, v. John W. Johnson, as Superintendent of Public Works of The State of New York, Appellant

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

June 13, 1957

The ground assigned for each motion to dismiss was that the proceeding was not commenced within the four months' period prescribed by section 1286 of the Civil Practice Act. The proceedings were brought under article 78 of the Civil Practice Act for the reinstatement of both petitioners to their positions in the Department of Public Works, and were commenced on the 1st day of August, 1956. The proceedings seek relief in the nature of mandamus. Petitioner Wilsey was employed...

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