MATTER OF WHITMARSH v. INC. VILL. OF OYSTER BAY COVE OF THE TOWN OF OYSTER BAY


65 A.D.2d 821 (1978)

In the Matter of James L. Whitmarsh, Respondent, v. Incorporated Village of Oyster Bay Cove of the Town of Oyster Bay et al., Appellants

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

November 27, 1978


Judgment affirmed, with costs. By letter dated February 1, 1977, the appellant village advised petitioner that his one-year leave of absence due to illness had terminated on January 31, 1977, and "cannot be renewed in view of the fact that you did not pass the Civil Service medical examination which you previously requested."

Appellants contend that the four-month limitation period contained in CPLR 217 began to run from...

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