Briggins v. McGuire

OPINION OF THE COURT

Richard Lee Price, J.

The respondent’s cross motion to dismiss is denied. Petitioner’s claim is not time barred under CPLR 217 and does state a cause of action.

It is well established that a government employee who is discharged without a hearing may delay application for relief under CPLR article 78 until he or she has demanded reinstatement and has been refused, provided that the ex-employee has not so unnecessarily delayed as to be guilty of laches. (Matter of Sirles v Cordary, 49 AD2d 330, citing Matter of Burke v Village of Johnson City, 36 AD2d 202, affd 29 NY2d 846.)

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