Appellate Division of the Supreme Court of New York, 1976

Frohlinger v. D'Ambrose

Frohlinger v. D'Ambrose
Appellate Division of the Supreme Court of New York · Decided June 24, 1976
53 A.D.2d 580; 385 N.Y.S.2d 62; 1976 N.Y. App. Div. LEXIS 13220
Frohlinger v. D'Ambrose

Opinion of the Court

Judgment, Supreme Court, New York County, entered on July 18, 1975, dismissing the petition in this proceeding, brought pursuant to CPLR article 78, unanimously affirmed, without costs and without disbursements. The reclassification resolution challenged by petitioners was adopted in September, 1973. This proceeding was not commenced until about 16 months later and is, therefore, barred by the four-month Statute of Limitations contained in CPLR 217. (Matter of Griffin v County of Westchester, 36 AD2d 831.) Concur—Markewich, J. P., Birns, Silverman, Capozzoli and Lane, JJ.

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