Legal Opinion · Dissent
De Milio v. Borghard
Appellate Division of the Supreme Court of the State of New York
Decided April 13, 1981Published
1Dissent
Weinstein, J.,
dissents and votes to reverse the judgment and reinstate the'petition, with the following memorandum, in which Mollen, P.J., concurs. The issue is when the four-month Statute of Limitations for a proceeding against a body or officer (see CPLR 217) begins to run. Pursuant to the statute, the period begins to run when “the determination to be reviewed becomes final and binding upon the petitioner”, and generally, this is *614deemed to be either the date of notification as to the determination (see Matter of Meliti v Nyquist, 41 NY2d 183; Matter of Davis v Westchester County Personnel…
2Cases cited8 opinions
- Austin v. Board of Higher EducationNew York Court of Appeals · 1959
- Johnson v. Director, Downstate Medical CenterAppellate Division of the Supreme Court of the State of New York · 1976
- Sirles v. CordaryAppellate Division of the Supreme Court of the State of New York · 1975
- Wininger v. WilliamsonAppellate Division of the Supreme Court of the State of New York · 1974
- Burke v. Village of Johnson CityAppellate Division of the Supreme Court of the State of New York · 1971
3 more not listed; retrieve them via the Exa API.