MATTER OF SMITH v. NIESLEY


35 Misc.2d 806 (1962)

In the Matter of Bertram C. Smith, Jr., Petitioner, v. John R. Niesley et al., Constituting the Civil Service Commission of the County of Nassau, et al., Respondents.

Supreme Court, Special Term, Nassau County.

June 29, 1962


Attorney(s) appearing for the Case

Richard M. Gaba for petitioner. Bertram Harnett, County Attorney, for respondents.


JOSEPH A. SUOZZI, J.

On this application for an order pursuant to article 78 of the Civil Practice Act, the papers submitted clearly reveal that the proceeding was not commenced within the time permitted by law. The application is therefore denied.

According to section 1286 of the Civil Practice Act, a proceeding must be instituted within four months after a determination becomes binding. Here, the petitioner had notice of a change in his title...

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