O'Buck v. City of Yonkers

In a proceeding under article 78 of the Civil Practice Act to compel the reinstatement of appellant to a competitive civil service position, the appeal is from an order granting respondents’ motion to dismiss the petition on the ground that the proceeding is barred by the four-month period of limitation contained in section 1286 of the Civil Practice Act. Order reversed, with $10 costs and disbursements, and motion denied, with leave to respondents to answer within 20 days after the entry of the order hereon, and without prejudice to respondents’ right to plead as a defense, the facts…