McDermott v. Johnson

Order reversed on the law, without costs of this appeal to any party, and matter remitted to Special Term for a determination of the issues involved. Memorandum: This is an article 78 proceeding to compel the reinstatement of former employees of the Department of Public Works. Respondent has moved for a dismissal of the proceeding on the ground that it was not commenced within the time limited by section 1286 of the Civil Practice Act. Petitioners are exempt volunteer firemen, and a trial is required to determine whether the nature of their work was such that they are entitled to the…