MATTER OF FEIN v. LOWERY


35 A.D.2d 801 (1970)

In the Matter of Seymour Fein, Respondent, v. Robert O. Lowery, as Commissioner of The Fire Department of the City of New York, Appellant

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

November 19, 1970


The order dismissing petitioner was promulgated by a Civilian Order dated February 27, 1967. Petitioner did not institute this proceeding until July, 1968. CPLR 217 provides that "a proceeding against a body or officer must be commenced within four months after the determination to be reviewed becomes final and binding upon the petitioner". There is no requirement that written notice be served. On June 27, 1967 petitioner stated in writing in an employment application that...

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