Troy v. Sobol

Mikoll, J. P.

Appeal from a judgment of the Supreme Court (Spain, J.), entered February 15, 1994 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted a motion by respondent Commissioner of Education to dismiss the petition as untimely.

The issue on this appeal is whether timely service on the head of a State agency whose ruling is being challenged within the statutory period of limitation tolls the statutory period of limitation for service on the Attorney-General pursuant to CPLR 7804 (c).

Petitioner, an elementary school teacher employed by respondent Board of…