Wimmer v. Kirwan
Opinion of the Court
Appeal from a judgment of the Supreme Court at Special Term, entered September 20, 1974 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition. Following a hearing, it was recommended that petitioner be dismissed from his position as a Trooper with the New York State Police. The respondent Superintendent of State Police concurred in and approved of the hearing panel’s findings and conclusions and, on August 4, 1972, issued his decision dismissing petitioner from his position as of that date. On the same day, the Superintendent notified petitioner of this determination by letter and enclosed a copy of his decision and the panel’s findings and conclusions. The instant proceeding to review and annul that determination was not commenced until January of 1974 and Special Term dismissed it for want of compliance with the four-month period of limitation contained in CPLR 217. This appeal ensued.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.