MATTER OF BRAYER v. Lapple

OPINION OF THE COURT

Memorandum.

Order of the Appellate Division affirmed, with costs.

The determination of the city on appellant Briggs’ grievance of April 29, 1974, or perhaps the specified date of termination on May 10, 1974, normally would have started the four-month Statute of Limitations running (CPLR 217). However, that determination and the earlier notices of termination were expressly stated to depend on the erroneous "lay-off list” provided by the County Civil Service Commission. Consequently, Briggs was justified in seeking, if not required to seek, to have the erroneous lay-off list…