McSweeney v. Reid

Petitioner, under article 78 of the Civil Practice Act, seeks an order in the nature of a writ of mandamus “ directing and commanding respondent to grant him a hearing on his claim.”

*647Petitioner alleges he sustained personal injuries on December 12,1961 by reason of the negligent operation of one of respondents’ trucks; that he was hospitalized from February 26, 1962 to March 9,1962 and had an open draining wound until March 30, 1962; that by notice dated March 14, 1962 respondent authority set April 4,1962 for an oral examination on the matter, and that at such time petitioner was unable to…