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MTR. OF BURKART v. BD. OF FIRE COMRS.

26 Misc.2d 21 (1960)

In the Matter of Matthew Burkart, Petitioner, v. Board of Fire Commissioners of the East Meadow Fire District, Respondent.

Supreme Court, Special Term, Nassau County.

November 22, 1960

Attorney(s) appearing for the Case

W. Timothy Darrah and Benjamin Friedler for petitioner. Edward M. Kolbell for respondent.

MARIO PITTONI, J.

Motion to dismiss the petition in a proceeding under article 78 of the Civil Practice Act on the ground of untimeliness is denied.

On May 17, 1960, the petitioner was suspended as a volunteer fireman by the respondent. A proceeding to annul the order of suspension was commenced on August 10, 1960. Mr. Justice RITCHIE, on October 5, 1960, dismissed the petition "with leave to renew"....

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