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MATTER OF DIAMOND v. GALLAGHER

291 A.D.2d 404 (2002)

736 N.Y.S.2d 892

In the Matter of MICHAEL DIAMOND, Appellant, v. JOHN C. GALLAGHER, as Commissioner of the Suffolk County Police Department, et al., Respondents.

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

Decided February 4, 2002.

Ordered that the judgment is affirmed, with costs.

CPLR 217 (1) provides that a proceeding pursuant to CPLR article 78 against a body or an officer must to be commenced "within four months after the determination to be reviewed becomes final and binding upon the petitioner." An administrative determination is final and binding when it has an impact upon the petitioner and when the petitioner knows he or she is aggrieved...

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