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Matter Patrick J. O'Connell v. Long Island State Park Commission

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eBook details

  • Title: Matter Patrick J. O'Connell v. Long Island State Park Commission
  • Author : Supreme Court of New York
  • Release Date : January 25, 1963
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 72 KB

Description

In our opinion, the effective date of the determination dismissing petitioner was September 6, 1961 -- the date on which the commission adopted its formal resolution approving his dismissal. Hence, this proceeding was not commenced within the four-month time limitation prescribed by statute (Civ. Prac. Act, 1286) and it must be dismissed on that ground, without consideration of the facts or the merits. Disposition Order modified on the law by amending its decretal paragraph so as to provide that the confirmation of the determination and the dismissal of the petition are not on the merits but on the sole ground that the proceeding was commenced more than four months after the determination under review had become final and binding (Civ. Prac. Act, 1286). As so modified, order affirmed, without costs. The facts were not considered.


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