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  5. 44 N.Y.2d 741 (1978)
 

MATTER OF BRAYER v. LAPPLE

44 N.Y.2d 741 (1978)

In the Matter of Paul W. Brayer, as Personnel Director of the City of Rochester, et al., Appellants, v. Frederick W. Lapple, as Executive Director of the Monroe County Civil Service Commission, et al., Respondents.

Court of Appeals of the State of New York.

Decided April 25, 1978.

Attorney(s) appearing for the Case

Louis N. Kash, Corporation Counsel (Joseph A. Regan of counsel), for appellants.

Lawrence I. Heller for Donald P. Briggs, Jr., respondent.

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

MEMORANDUM.

Order of the Appellate Division affirmed, with costs.

The determination of the city on appellant Briggs' grievance of April 29, 1974, or perhaps the specified date of termination on May 10, 1974, normally would have started the four-month Statute of Limitations running (CPLR 217). However, that determination and the earlier notices of termination were expressly stated to depend on the erroneous "lay-off...

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