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MATTER OF HECK v. KEANE

6 A.D.3d 95 (2004)

774 N.Y.S.2d 214

In the Matter of KAREN HECK, Respondent, v. CORNELIUS KEANE, as Commissioner of Fire for the City of Buffalo, et al., Appellants.

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

March 19, 2004.

Attorney(s) appearing for the Case

Michael B. Risman, Corporation Counsel, Buffalo (Christopher M. Putrino of counsel), for appellants.

Richard H. Wyssling, Buffalo, for respondent.

PIGOTT, JR., P.J., GREEN, WISNER and GORSKI, JJ., concur.

OPINION OF THE COURT

HURLBUTT, J.

The threshold issue before us on this appeal is whether a CPLR article 78 proceeding seeking the reinstatement of General Municipal Law § 207-a (2) benefits is barred by the applicable statute of limitations (see CPLR 217 [1]). The resolution of that issue depends on whether the proceeding is in the nature of mandamus to review or mandamus to compel. We conclude that, because petitioner was entitled to a hearing...

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