R. Bernstein Co. v. Popolizio

Judgment, Supreme Court, New York County (E. R. Wolin, J.), entered April 13, 1983 granting respondent Conciliation and Appeals Board’s (CAB) cross motion to dismiss a CPLR article 78 petition as untimely and dismissing the proceeding, is unanimously reversed, on the law, without costs; the judgment is vacated; the cross motion is denied and respondent CAB is directed to serve its answer and supporting affidavits and proofs pursuant to CPLR 7804 (subd [f]) within 10 days after service of a copy of the order determining this appeal; and the matter is remanded to Special Term for an evidentiary…