New York Court of Appeals

Bernard F. Mundy

May 11, 197844 N.Y.2d 352

Summary

The Court held that the four‑month statute of limitations for an article 78 petition did not begin to run until the civil service list was recertified on July 24, 1975, making the September 3, 1975 filing timely. The Court affirmed the Appellate Division’s order and awarded costs. Chief Judge Breitel dissented, arguing the limitations period began earlier and the suit was untimely.