Silberman v. Whalen

— Judgment, Supreme Court, New York County, entered October 13, 1978, dismissing the petition in this CPLR article 78 proceeding, in the nature of prohibition, unanimously affirmed, without costs or disbursements. While Special Term correctly dismissed the petition, it relied improperly on mootness in so doing, as respondent concedes. Nor is the proceeding barred by the Statute of Limitations, which begins to run on the date of the final order of determination after the hearing, not on the date of notice of the administrative hearing. Petitioner’s argument that the new charges are, in…