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MATTER OF NAPOLITANO v. MURPHY

28 A.D.2d 852 (1967)

In the Matter of Joseph A. Napolitano, Petitioner, v. Michael J. Murphy, as Commissioner of the Police Department of The City of New York, Respondent

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

July 5, 1967

Petition dismissed, without costs.

This proceeding was instituted by order to show cause dated and served on February 26, 1965. The final order of dismissal was dated October 2, 1964, and effective at 12:00 noon on that date. It is undisputed petitioner received notice of his dismissal plus a copy of the final order on that day. Accordingly, the proceeding must be dismissed for failure to comply with the four-month period of limitations set forth in CPLR 217 (see...

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