Heck v. Keane
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Hurlbutt, J.
The threshold issue before us on this appeal is whether a CPLR article 78 proceeding seeking the reinstatement of General Municipal Law § 207-a (2) benefits is barred by the applicable statute of limitations (see CPLR 217 [1]). The resolution of that issue depends on whether the proceeding is in the nature of mandamus to review or mandamus to compel. We conclude that, because petitioner was entitled to a hearing before her section 207-a (2) benefits could be terminated, the proceeding is in the nature of mandamus to compel and that the four-month limitations…
2Cases cited15 opinions
- De Milio v. BorghardNew York Court of Appeals · 1982
- Edmead v. McGuireNew York Court of Appeals · 1986
- Biondo v. New York State Board of ParoleNew York Court of Appeals · 1983
- MATTER OF THEROUX v. ReillyNew York Court of Appeals · 2003
- Uniform Firefighters of Cohoes v. City of CohoesNew York Court of Appeals · 2000
10 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Dziedzic v. GallivanAppellate Division of the Supreme Court of the State of New York · 2006
- Matter of Cameron Transp. Corp. v. New York State Dept. of Health & Off. of Medicaid Inspector Gen.Appellate Division of the Supreme Court of the State of New York · 2021
- Raymond v. WalshAppellate Division of the Supreme Court of the State of New York · 2009
- van Tol v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 2013
- Cortes v. MujicaNew York Supreme Court · 2016
8 more not listed; retrieve them via the Exa API.