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MATTER OF EDMEAD v. McGUIRE

67 N.Y.2d 714 (1986)

In the Matter of Niles A. Edmead, Appellant, v. Robert J. McGuire, as Chairman of the Board of Trustees of the New York City Police Department Pension Fund, Article II, et al., Respondents.

Court of Appeals of the State of New York.

Decided February 11, 1986.

Attorney(s) appearing for the Case

James M. Wright for appellant.

Frederick A. O. Schwarz, Jr., Corporation Counsel (Karen Hutson of counsel), for respondents.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

We agree with the Appellate Division that the determination of the Board of Trustees became "final and binding" (CPLR 217) and, therefore, that the four-month limitation period commenced to run, on the date petitioner was notified of the Board's decision. A challenged determination is final and binding when it "has its impact" upon the...

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