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SAULPAUGH v. DIEHL

148 A.D.2d 928 (1989)

Jeanette Saulpaugh et al., Respondents-Appellants, v. J. Raymond Diehl, Jr., Individually and as former Executive Administrator of Monroe Community Hospital, et al., Appellants-Respondents

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

March 10, 1989

Judgment unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: We agree with Special Term that petitioner's properly converted CPLR article 78 proceeding in the nature of mandamus to compel her reinstatement is not time barred. The four-month Statute of Limitations in such proceeding (CPLR 217) does not begin to run until petitioner's demand for reinstatement is refused (Matter of De Milio v Borghard, ...

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