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MTR OF BRIGGINS v. McGUIRE

114 Misc.2d 697 (1982)

In the Matter of Charles Briggins, Petitioner, v. Robert J. McGuire, as Police Commissioner of the Police Department of the City of New York, et al., Respondents.

Supreme Court, Special Term, New York County.

May 20, 1982

Attorney(s) appearing for the Case

Paul Brenner, Jeff Wasserman and Richard Hartman for petitioner. Allen G. Schwartz, Corporation Counsel (Susan P. Wagner of counsel), for respondents.

RICHARD LEE PRICE, J.

The respondent's cross motion to dismiss is denied. Petitioner's claim is not time barred under CPLR 217 and does state a cause of action.

It is well established that a government employee who is discharged without a hearing may delay application for relief under CPLR article 78 until he or she has demanded reinstatement and has been refused, provided that the ex-employee has not so unnecessarily delayed as to be guilty of...

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