Nelson v. Kelly

The question to be decided is whether this article 78 proceeding is barred by the four-month Statute of Limitations provided in section 1286 of the Civil Practice Act.

The action was started by the service of the petition on the respondent Commissioner of Motor Vehicles on November 30, 1956 (Civ. Prac. Act, § 16). The relief sought, in substance, is an order directing the commissioner to revoke the suspension of the petitioner’s operator’s license and to renew it. The respondent cross-moves to dismiss the petition as barred by the Statute of Limitations.

In August, 1955, the petitioner…