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

> New York Court of Appeals · November 30, 1956 · 2 N.Y.2d 149

URL: https://www.frixlaw.com/law-library/cases/9786943

## Case

- **Full name:** In the Matter of Bernard Colodney Et Al., Appellants, Against New York Coffee and Sugar Exchange, Inc., Respondent
- **Court:** New York Court of Appeals
- **Decided:** November 30, 1956
- **Citations:** 2 N.Y.2d 149; 157 N.Y.S.2d 573; 138 N.E.2d 810; 1956 N.Y. LEXIS 618
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Conway, Desmond, Dye, Fuld, Froessel, Burke, Van Voorhis
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9786943

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9786943. Public record. Not legal advice.