[DOWNLOAD] "Matter Joseph O'Buck v. City Yonkers Et Al." by Supreme Court of New York # Book PDF Kindle ePub Free

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eBook details

• Title: Matter Joseph O'Buck v. City Yonkers Et Al.
• Author : Supreme Court of New York
• Release Date : January 18, 1956
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

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[2 A.D.2d 775 Page 775] In a proceeding under article 78 of the Civil Practice Act to compel the reinstatement of appellant to a competitive civil
service position, the appeal is from an order granting respondents' motion to dismiss the petition on the ground that the
proceeding is barred by the four-month period of limitation contained in section 1286 of the Civil Practice Act. Order reversed,
with $10 costs and disbursements, and motion denied, with leave to respondents to answer within 20 days after the entry of
the order hereon, and without prejudice to respondents' right to plead as a defense the facts referred to below. Appellant
stated in his petition, inter alia, that he "has constantly requested reinstatement" to his position. Since this proceeding
is, in effect, one to compel the performance of a duty specifically enjoined by law, the four-month period of limitation did
not begin to run until respondents refused to comply with appellant's request for reinstatement (Matter of Millicker v. Board
of Educ., 275 App. Div. 849, affd. 300 N. Y. 634). However, nowhere [2 A.D.2d 775 Page 776]

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