MCGIRR v. DIV. OF AFFAIRS


43 N.Y.2d 635 (1978)

In the Matter of Frank C. McGirr, Appellant, v. Division of Veterans Affairs, Executive Department, State of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided February 22, 1978.


Attorney(s) appearing for the Case

James Roemer, Jr. and Grover T. Odenthal for appellant.

Louis J. Lefkowitz, Attorney-General (Arlene R. Silverman and Samuel A. Hirshowitz of counsel), for respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and COOKE concur.


FUCHSBERG, J.

The threshold and dispositive question before us is whether petitioner timely commenced this article 78 proceeding.

By registered letter dated January 12, 1972, petitioner was advised by his employer, the New York State Division of Veterans Affairs, that pursuant to rule 5.3 (d) of the Rules and Regulations of the Department of Civil Service (4 NYCRR 5.3 [d]) he was deemed to have "resigned...

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