Devens v. Gokey
| Decision Date | 16 November 1961 |
| Parties | , 179 N.E.2d 516 Application of Harry DEVENS, Appellant, for an order, v. J. Neil GOKEY, as Commissioner of Public Safety of the City of Oswego, New York, et al., Respondents. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Fourth Department, 12 A.D.2d 135, 209 N.Y.S.2d 94.
A proceeding was brought under the Civil Practice Act, § 1283 et seq., to compel the Commissioner of Public Safety of the City of Oswego to reinstate the petitioner as a fireman in the employ of the city pursuant to Section 207-a of the General Municipal Law, Consol.Laws, c. 24.
The Oswego Special Term, Henry A. Hudson, J., rendered an order granting the relief sought, and the Commissioner of Public Safety and others appealed.
The Appellate Division reversed the order, dismissed the petition, and held that the proceeding was barred by four month limitation statute, where the petitioner in the summer of 1953 discovered the facts giving rise to his right to compel reinstatement, and proceeding was not commenced until October 7, 1955.
The petitioner appealed to the Court of Appeals.
Leyden E. Brown, Oswego, for petitioner-appellant.
Order affirmed, without costs.
All concur.
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Granto v. City of Niagara Falls
...not refer to the equitable doctrine of laches" (Matter of Devens v. Gokey, 12 A.D.2d 135, 137, 209 N.Y.S.2d 94, affd. 10 N.Y.2d 898, 223 N.Y.S.2d 515, 179 N.E.2d 516 ). Inasmuch as "[t]he problem ... is one of the [s]tatute of [l]imitations[,] ... it is immaterial whether or not the delay c......
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Cucchiaro v. Cucchiaro
...under counts 3, 4 and 5 are untimely. See, Devens v. Gokey, 12 A.D.2d 135, 209 N.Y.S.2d 94 (4th Dept.1961), aff'd 10 N.Y.2d 898, 223 N.Y.S.2d 515, 179 N.E.2d 516 (1961). To the extent that plaintiff seeks rescission of the separation agreement, that relief has also been untimely sought. Res......
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DeWeerth v. Baldinger
...to the defendant as well as delay. See Devens v. Gokey, 12 A.D.2d 135, 137, 209 N.Y.S.2d 94, 97 (4th Dep't), aff'd, 10 N.Y.2d 898, 223 N.Y.S.2d 515, 179 N.E.2d 516 (1961); Curtis v. Board of Education, 107 A.D.2d 445, 448, 487 N.Y.S.2d 439, 441 (4th Dep't Baldinger asserts that DeWeerth's a......
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Connell v. Town Bd. of Town of Wilmington
...23 N.Y.2d 213, 296 N.Y.S.2d 289, 244 N.E.2d 1; Matter of Devens v. Gokey, 12 A.D.2d 135, 136-137, 209 N.Y.S.2d 94, affd. 10 N.Y.2d 898, 223 N.Y.S.2d 515, 179 N.E.2d 516). In determining the length of time considered to be reasonable, we recall that the conduct of the hearing which preceded ......