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MTR CURTIS v. BD. OF EDUC.

107 A.D.2d 445 (1985)

In the Matter of Gary Curtis, Respondent, v. Board of Education of the Lafayette Central School District et al., Appellants

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

April 5, 1985

Attorney(s) appearing for the Case

Coulter, Fraser, Ames, Bolton, Bird & Ventre (Henry S. Fraser of counsel), for appellants.

Heath, Rosenthal & Weissman (Debra Weissman and Ronald Van Norstrand of counsel), for respondent.

CALLAHAN, DENMAN, GREEN and SCHNEPP, JJ., concur.

DILLON, P. J.

The issue to be resolved is whether this CPLR article 78 proceeding, brought more than four years after petitioner's dismissal from his permanent civil service position, and seeking his reinstatement, was timely commenced (see, CPLR 217). We hold that it was and, therefore, we affirm Special Term's denial of respondents' motion to dismiss the petition.

The essential facts are not...

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