Opinion

Colodney v. New York Coffee & Sugar Exchange, Inc.

  • 2 N.Y.2d 149
  • 157 N.Y.S.2d 573
  • 138 N.E.2d 810
  • 1956 N.Y. LEXIS 618
Court
New York Court of Appeals
Filed
Nov 30, 1956
Status
Published
On the bench
Conway, Desmond, Dye, Fuld, Froessel, Burke, Van Voorhis
Cited by
0 cases
Authority
More cited than 66.2%

The opinion

Per Curiam.

This proceeding under article 78 of the Civil Practice Act was properly dismissed on the ground that it had not been commenced within four months after the determination sought to be reviewed had become final and binding (Civ. Prac. Act, § 1286). That determination was made by respondent’s board of managers after a hearing at which petitioners were presented with the charges and at which they testified, and was an act of a body exercising quasi-judicial functions and involving an exercise of judgment or discretion (Civ. Prac. Act, § 1284, subd. 2). Since the proceeding was thus barred as untimely, we reach none of the questions argued by petitioners as to the alleged invalidity of the procedures taken by respondent against petitioners.

The order should be affirmed, with costs.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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