Legal Opinion
Driscoll v. Department of Fire of City of Syracuse
Appellate Division of the Supreme Court of the State of New York
Decided November 15, 1985No. Appeal No. 1PublishedCited by 3 opinions
1Opinion of the Court
Judgment unanimously reversed, on the law, with costs, and matter remitted to Supreme Court, Onondaga County, for further proceedings, in accordance with the following memorandum: We find the application by petitioner, a former fire fighter for the City of Syracuse, to have been timely made. Inasmuch as this proceeding involves a demand by petitioner to be afforded a medical hearing or reinstatement as required by Civil Service Law § 73, it sounds in the nature of mandamus. Therefore, the statutory period does not begin to run until there has been a demand for compliance and a refusal (Matter…
2Cases cited11 opinions
- De Milio v. BorghardNew York Court of Appeals · 1982
- Austin v. Board of Higher EducationNew York Court of Appeals · 1959
- Birmingham v. MirringtonAppellate Division of the Supreme Court of the State of New York · 1954
- Central School District No. 2 of Towns of Coeymans v. New York State Teachers' Retirement SystemAppellate Division of the Supreme Court of the State of New York · 1967
- Central School District No. 2 v. New York State Teacher's Retirement SystemNew York Court of Appeals · 1968
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3Cited by3 opinions
- Pomakoy v. LombardoAppellate Division of the Supreme Court of the State of New York · 1991
- Beyette v. City of WatertownAppellate Division of the Supreme Court of the State of New York · 1995
- Dempsey v. City of TroyAppellate Division of the Supreme Court of the State of New York · 1989