Legal Opinion
De Milio v. Borghard
New York Court of Appeals
Decided February 23, 1982PublishedCited by 146 opinions
1Opinion of the Court
OPINION OF THE COURT
Gabrielli, J.
Presented for our determination is the question of whether the four-month limitations period in an article 78 proceeding brought by a probationary governmental employee to review his discharge commences to run from the termination date of his employment or from the date his request for reconsideration of his discharge is denied.
Petitioner was employed in a probationary capacity by the Westchester County Department of Environmental Facilities. By letter of October 12, 1979 from the commissioner of this department he was advised that his employment would be…
2Cases cited9 opinions
- Austin v. Board of Higher EducationNew York Court of Appeals · 1959
- Johnson v. Director, Downstate Medical CenterAppellate Division of the Supreme Court of the State of New York · 1976
- Sirles v. CordaryAppellate Division of the Supreme Court of the State of New York · 1975
- Fiore v. Board of Education Retirement SystemAppellate Division of the Supreme Court of the State of New York · 1975
- Perry v. BlairAppellate Division of the Supreme Court of the State of New York · 1975
4 more not listed; retrieve them via the Exa API.
3Cited by146 opinions
- Scherbyn v. Wayne-Finger Lakes Board of Cooperative Educational ServicesNew York Court of Appeals · 1991
- MATTER OF YARBOUGH v. FrancoNew York Court of Appeals · 2000
- Gertler v. GoodgoldAppellate Division of the Supreme Court of the State of New York · 1985
- Board of Education v. AmbachNew York Court of Appeals · 1987
- Lubin v. Board of EducationNew York Court of Appeals · 1983
141 more not listed; retrieve them via the Exa API.