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DAVIS v. CITY OF NEW YORK

210 A.D.2d 137 (1994)

620 N.Y.S.2d 353

Samuel R. Davis et al., Appellants, v. City of New York et al., Respondents

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

December 20, 1994

The claim underlying this declaratory judgment action is one to compel the defendants to allow plaintiffs additional terminal leave benefits. As such, the denial of such benefits is a matter which should and could be raised in a CPLR article 78 proceeding (Matter of Fodera v City of New York, 193 A.D.2d 406, lv denied 82 N.Y.2d 660), and is therefore governed by the four-month Statute...

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