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MATTER OF RYAN v. SLISZ

206 A.D.2d 877 (1994)

616 N.Y.S.2d 311

In the Matter of James T. Ryan et al., Respondents, v. Richard A. Slisz, as Commissioner of The County of Erie Department of Personnel, Appellant

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

July 15, 1994

Judgment affirmed without costs.

Memorandum:

Respondent failed to sustain his burden of showing that he gave petitioners notice of a final and binding determination more than four months prior to commencement of this proceeding. Thus, we conclude that this proceeding is timely (see, Nickerson v City of Jamestown, 178 A.D.2d 1003). The State of New York Department of Civil Service is not a necessary party to...

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