Copeland v. Division of Veterans' Affairs

Petitioner has instituted an article 78 proceeding to review a determination of the Division of Veterans’ Affairs of the State of New York laying him off from the position of senior research analyst. Respondent has moved, pursuant to section 1293 of the Civil Practice Act, to dismiss the proceeding for failure to commence same within four months after the determination became final and binding upon petitioner, as required by section 1286 of the Civil Practice Act.

As background to the motion to dismiss, it may be noted that employees in the civil service may be laid off for lack of work or “…