MATTER OF GAINES v. ABATE


216 A.D.2d 16 (1995)

627 N.Y.S.2d 913

In the Matter of Joseph B. Gaines, Appellant, v. Catherine Abate, as Correction Commissioner of The City of New York, et al., Respondents

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

June 6, 1995


The IAS Court correctly dismissed the petition as time-barred under CPLR 217 because the action was not commenced within four months after petitioner's previous demands for the relief requested in the petition were rejected by respondents. Since petitioner previously sought the relief requested in the petition, there is no merit to his argument that his petition constitutes a first demand for limitations purposes. In any event, even if the petition were not time-barred, it...

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