Legal Opinion

Edmead v. McGuire

New York Court of Appeals

Decided February 11, 1986PublishedCited by 135 opinions

1Opinion of the Court

*716OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

We agree with the Appellate Division that the determination of the Board of Trustees became "final and binding” (CPLR 217) and, therefore, that the four-month limitation period commenced to run, on the date petitioner was notified of the Board’s decision. A challenged determination is final and binding when it "has its impact” upon the petitioner who is thereby aggrieved (Mundy v Nassau County Civ. Serv. Commn., 44 NY2d 352, 357; see also, Matter of Biondo v State Bd. of Parole, 60 NY2d 832, 834;…

2Cases cited5 opinions

  1. Biondo v. New York State Board of ParoleNew York Court of Appeals · 1983
  2. Castaways Motel v. SchuylerNew York Court of Appeals · 1969
  3. Mundy v. Nassau County Civil Service CommissionNew York Court of Appeals · 1978
  4. MATTER OF QUEENSBOROUGH CMTY. COLL. OF THE CITY UNIV. OF NEW YORK v. State Human Rights Appeal Bd.New York Court of Appeals · 1977
  5. MATTER OF ALLSTATE INS. CO. v. StewartNew York Court of Appeals · 1972

3Cited by135 opinions

  1. New York State Ass'n of Counties v. AxelrodNew York Court of Appeals · 1991
  2. MATTER OF YARBOUGH v. FrancoNew York Court of Appeals · 2000
  3. Essex County v. ZagataNew York Court of Appeals · 1998
  4. Keeney v. Town of Old SaybrookSupreme Court of Connecticut · 1996
  5. Matter of Better World Real Estate Group v. New York City Dept. of Fin.Appellate Division of the Supreme Court of the State of New York · 2014

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