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  5. 44 N.Y.2d 374 (1978)
 

MATTER OF MARTIN v. RONAN

44 N.Y.2d 374 (1978)

In the Matter of Harold W. Martin et al., Appellants, v. William J. Ronan, as Chairman of the Manhattan and Bronx Surface Transit Operating Authority, et al., Respondents, and Leon J. Robinson et al., Intervenors-Respondents.

Court of Appeals of the State of New York.

Decided May 11, 1978.

Attorney(s) appearing for the Case

Ronald H. Shechtman and Murray A. Gordon for appellants.

Jerome Tauber and I. Philip Sipser for intervenors-respondents.

Alphose E. D'Ambrose for respondents who join in points I, II and III with intervenors-respondents.

Judges WACHTLER, FUCHSBERG and COOKE concur with Judge GABRIELLI; Chief Judge BREITEL dissents and votes to affirm in a separate opinion in which Judges JASEN and JONES concur.

GABRIELLI, J.

Petitioners seek judicial review of a competitive examination administered by the Manhattan and Bronx Surface Transit Operating Authority (MABSTOA) to determine examinee's eligibility for promotion from dispatcher to senior dispatcher. The basic issue before us is whether this proceeding was commenced within the four-month Statute of Limitations (CPLR 217).

Although MABSTOA is not covered...

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