MTR OF DE MILIO v. BORGHARD


55 N.Y.2d 216 (1982)

In the Matter of Thomas De Milio, Appellant, v. William G. Borghard, as Commissioner of the Department of Environmental Facilities, et al., Respondents.

Court of Appeals of the State of New York.

Decided February 23, 1982.


Attorney(s) appearing for the Case

James M. Rose for appellant.

Samuel S. Yasgur, County Attorney (Eric D. Koster and Jonathan Lovett of counsel), for respondents.

Chief Judge COOKE and Judges JASEN, WACHTLER, FUCHSBERG and MEYER concur; Judge JONES taking no part.


GABRIELLI, J.

Presented for our determination is the question of whether the four-month limitations period in an article 78 proceeding brought by a probationary governmental employee to review his discharge commences to run from the termination date of his employment or from the date his request for reconsideration of his discharge is denied.

Petitioner was employed in a probationary capacity by the Westchester...

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