Matter of Siskavich v. Broadnax

Full title: In the Matter of JOSEPH SISKAVICH, Appellant, v. WALTER D. BROADNAX, as…

Court: Appellate Division of the Supreme Court of New York, Third Department

Date published: Dec 14, 1989

156 A.D.2d 779 (N.Y. App. Div. 1989)

550 N.Y.S.2d 61

Opinion

December 14, 1989

Appeal from the Supreme Court, Clinton County (Viscardi, J.).

Casey, J.

Petitioner seeks review of an administrative determination made more than four months prior to the attempted commencement of this proceeding (see, CPLR 217; Matter of Miller v Ambach, 124 A.D.2d 882). In any event, the petition was never served in the manner required by CPLR 7804 (c). The judgment dismissing the petition should, therefore, be affirmed.

Judgment affirmed, without costs. Kane, J.P., Casey, Weiss, Mercure and Harvey, JJ., concur.