Francisco v. O'Connell

By order to show cause dated April 14, 1948, returnable April 21,1948, petitioner instituted a proceeding under article 78 of the Civil Practice Act, to review a determination of the State Liquor Authority. By cross motion respondent applied on the return day for an order dismissing the petition upon the ground that the present proceeding had not been instituted within the four-month limitation period prescribed by section 1286 of the Civil Practice Act. The question presented is whether the proceeding should be dismissed because it has not been timely brought. Section 1286 of the Civil…