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MATTER OF WAGNER v. NICOLETTI

249 A.D.2d 484 (1998)

671 N.Y.S.2d 310

In the Matter of Vincent M. Wagner, Appellant, v. Joseph Nicoletti, as Commissioner of Public Works of The City of White Plains, et al., Respondents

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

April 20, 1998

Ordered that the order and judgment is affirmed, with costs.

We reject the petitioner's contention that this CPLR article 78 proceeding is in the nature of mandamus to compel and that the applicable Statute of Limitations under CPLR 217 had not begun to run as there had been no refusal of his demand for reinstatement of his employment (see generally, Austin v Board of Higher Educ., 5 N.Y.2d 430, 442). In reality, the...

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