MATTER OF JAMES v. WING


281 A.D.2d 627 (2001)

722 N.Y.S.2d 181

In the Matter of BARBARA JAMES, Appellant, v. BRIAN WING, as Commissioner of the New York State Office of Temporary and Disability Assistance, et al., Respondents.

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

Decided March 26, 2001.


Ordered that the judgment is affirmed, with costs.

CPLR 217 provides that "a proceeding against a body or officer must be commenced within four months after the determination to be reviewed becomes final and binding upon the petitioner." A determination is considered to be final and binding for CPLR 217 purposes when it has an impact upon the petitioner and when he or she knows that he or she is aggrieved (see, Edmead v McGuire, 67 N.Y.2d 714...

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