Colburn v. Examining Board of Plumbers

Order unanimously reversed, without costs, motion granted and default judgment vacated. Memorandum: The petition in this CPLR article 78 proceeding seeks a judgment requiring respondent board to administer to petitioner an examination for a master plumber’s license. It was originally noticed to be heard on June 3, 1981 but on May 27, 1981 the parties agreed to adjourn the hearing date to June 10,1981. The board’s answer was served by mail on June 5,1981. On the adjourned hearing date, Special Term held that the board was in default for failure to have served its answer at least five days…