MATTER OF INC. VILL. OF BABYLON v. SCHNEIDER


168 A.D.2d 497 (1990)

In the Matter of Incorporated Village of Babylon, Appellant, v. Alan Schneider, as Personnel Officer of The County of Suffolk, Respondent

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

December 10, 1990


Ordered that the judgment is affirmed, with costs.

The Supreme Court properly dismissed the petition as time barred. A proceeding pursuant to CPLR article 78 must be commenced within four months after the determination to be reviewed becomes final and binding upon the petitioner (see, CPLR 217). Here, the determination became final and binding on April 5, 1983, when the respondent informed the petitioner that the New York State Department of Civil Service had...

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