Mallen v. Morton

275 A.D.2d 918 Court N.Y. App. Div. Decision date 1949-06-21 English

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p. 918

In the Matter of James J. Mallen, Respondent, against Ferdinand Q. Morton et al., Constituting the Municipal Civil Service Commission of the City of New York, Appellants.

No opinion. Present — Peek, P. J., Dore, Callahan, Van Voorhis and Shientag, JJ.; Peek, P. J., dissents and votes to reverse and dismiss the proceeding on the ground that it was not timely brought as the four-month limitation should run from April 3, 1947. [See post, p. 937.]