LENIHAN v. CITY OF NEW YORK


85 A.D.2d 562 (1981)

Patrick Lenihan et al., Appellants, v. City of New York et al., Respondents

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

December 17, 1981


Plaintiffs brought this proceeding for a judgment declaring resolution 79-14 of the Department of Personnel to be unconstitutional and for related relief. The resolution should have been challenged through a CPLR article 78 proceeding. Therefore, this action, insofar as it challenges the resolution, will be treated as an article 78 proceeding. (CPLR 103, subd [c].) Since the proceeding was not brought within four months after the resolution was adopted on March 21, 1979,...

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