Niagara County Community College Faculty Ass'n v. Helsby

Petitioner has made application pursuant to CPLR article 78 for an order annulling and setting aside the determination of respondents that petitioner violated subdivision 1 of section 210 of the Civil Service Law.

Respondents have cross moved for a judgment dismissing the petition pursuant to CPLR 7804 (subd [f]) upon the grounds the proceeding cannot be maintained because it is time-barred by subdivision (a) of section 213 of the Civil Service Law.

Subdivision (a) of section 213 of the Civil Service Law provides that the review sought herein by petitioner must be "upon petition filed by an…