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Merritt v. Coughlin

Appellate Division of the Supreme Court of New York, Second Department
May 28, 1985
111 A.D.2d 394 (N.Y. App. Div. 1985)

Opinion

May 28, 1985

Appeal from the Supreme Court, Dutchess County (Hillery, J.).


Judgment affirmed, without costs or disbursements.

The determination petitioner sought to challenge was decided on May 6, 1982, while his petition pursuant to CPLR article 78 was commenced in November 1982. CPLR 217 provides for a four-month limitation period for commencement of article 78 proceedings unless a shorter term is authorized by law. Special Term was therefore correct in dismissing the proceeding as untimely. Thompson, J.P., Brown, Niehoff and Lawrence, JJ., concur.


Summaries of

Merritt v. Coughlin

Appellate Division of the Supreme Court of New York, Second Department
May 28, 1985
111 A.D.2d 394 (N.Y. App. Div. 1985)
Case details for

Merritt v. Coughlin

Case Details

Full title:In the Matter of ERNEST MERRITT, Appellant, v. THOMAS A. COUGHLIN III, as…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 28, 1985

Citations

111 A.D.2d 394 (N.Y. App. Div. 1985)