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MATTER OF KLEINMAN v. KAPLAN

20 A.D.2d 594 (1963)

In the Matter of Simon Kleinman et al., Appellants, v. H. Eliot Kaplan et al., Constituting The New York State Department of Civil Service, Respondents

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

December 20, 1963

The time limit for the institution of a proceeding in the nature of mandamus does not expire until four months after demand and refusal to perform a duty (Civ. Prac. Act, § 1286); but it is firmly settled that a petitioner cannot indefinitely postpone the time to seek relief by delaying the demand. (Matter of Amsterdam City Hosp. v. Hoffman, 278 App. Div. 292.) In Matter of Cash v. Bates (301 N.Y. 258), where the civil service...

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