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IN THE MATTER OF DRAKE v. REUTER

27 A.D.3d 736 (2006)

810 N.Y.S.2d 916

In the Matter of ROBERT K. DRAKE, Appellant, v. LAWRENCE G. REUTER, Respondent.

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

March 28, 2006.

Ordered that the judgment is affirmed, with costs.

A CPLR article 78 proceeding must be commenced within four months after the administrative determination to be reviewed becomes "final and binding upon the petitioner" (CPLR 217 [1]; see Matter of Yarbough v Franco, 95 N.Y.2d 342 [2000]). An administrative determination is considered "final and binding" for purposes of CPLR 217...

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