Hanmer v. Tofany

Judgment unanimously reversed, with costs, and motion denied. Memorandum: 'Special Term erroneously dismissed appellant’s petition on the ground that it was not made within four months after the determination to be reviewed became final and binding on the petitioner (CPLR 217). A determination does not become final and binding until the petitioner has had notice that an order affecting him has been issued (Matter of Abramson v. Commissioner of Educ., 1 A D 2d 366, 371; Matter of Coffer v. Macduff, 205 Misc. 972). The petition herein, which was presented at Special Term on September 13, 1967,…