Mellor v. Shepard

Judgment, Supreme Court, New York County (Walter Schackman, J.), entered July 29, 1991, which, in a proceeding pursuant to CPLR article 78 seeking, inter alia, to compel respondent to accept petitioner’s withdrawal of resignation from respondent’s employment, granted respondent’s motion to dismiss the petition as time-barred, unanimously affirmed, without costs.

Since respondent’s refusal to accept petitioner’s withdrawal of resignation was a discretionary act as to which petitioner was not entitled to a hearing, the proceeding is in the nature of mandamus to review (see, Matter of De Milio v…