New York Court of Appeals

Bernard F. Mundy

May 11, 197844 N.Y.2d 352

Summary

The New York Court of Appeals affirmed the Appellate Division, holding that the four‑month statute of limitations for an article 78 challenge to a civil service eligibility list began to run when the list was recertified on July 24, 1975, not when it was initially certified and later withdrawn. The court reasoned that the initial certification was held in abeyance and therefore not a final, binding determination.