Brown v. City of New York

Application denied and petition dismissed. The proceeding herein is barred by the four months’ Statute of Limitations, section 1286 of the Civil Practice Act.

As shown by petitioner’s Exhibit XI, she was dismissed from the department of welfare and removed from the payroll effective as of the closing of business September 29,1949. The determination to be reviewed became final and binding at that time. Section 1286 provides that a proceeding under article 78 of the Civil Practice Act to review such determination must be instituted by service of the petition and accompanying papers within four…