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MATTER OF JAROS v. CITY OF NIAGARA FALLS

221 A.D.2d 1024 (1995)

635 N.Y.S.2d 564

In the Matter of David F. Jaros, Respondent, v. City of Niagara Falls, Appellant

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

November 15, 1995

Judgment unanimously reversed on the law without costs, motion granted and petition dismissed.

Memorandum:

Supreme Court erred in denying the motion of respondent, the City of Niagara Falls, to dismiss the petition on the ground that the proceeding was not timely commenced (see, Matter of Comerford v City of Niagara Falls, 214 A.D.2d 1055; Matter of Fabrizio v City of Niagara Falls, 214 A.D.2d 1055; Matter of Westendorf v City of Niagara...

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