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MATTER OF MUNICE v. BD. OF EXAM'RS OF THE BD. OF EDUC. OF THE CITY OF NEW YORK

38 A.D.2d 574 (1971)

In the Matter of Emanuel Munice, Appellant, v. Board of Examiners of the Board of Education of the City of New York, Respondent

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

December 13, 1971

Judgment affirmed, without costs.

No opinion.

Benjamin, J. dissents and votes to reverse and remand for a determination on the merits, with the following memorandum:

In my opinion, the four-month Statute of Limitations applicable to this proceeding did not begin to run until February 21, 1970, when petitioner received the summary statement of the reasons for denial of his administrative appeal...

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