MATTER OF FILUT v. NEW YORK STATE EDUC. DEP'T


91 A.D.2d 722 (1982)

In the Matter of Jack M. Filut, Appellant, v. New York State Education Department et al., Respondents

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

December 9, 1982


We affirm the established rule that a four-month limitation of time within which to commence CPLR article 78 proceedings to review an administrative determination (CPLR 217) commences, if such determination has a final and binding impact, on the date when the petitioner receives notice of the determination. In this proceeding, petitioner, a 1976 graduate of Marquette University with the degree of Doctor of Philosophy in Counseling, sought admission to the licensing examination...

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