Order, entered on December 27, 1960, dismissing petition in an article 78 proceeding, unanimously affirmed. The time limitations in section B19-7.83 of the Administrative Code are directory and do not constitute a Statute of Limitations rendering action of the Pension Board outside these limitations nugatory. Petitioner failed to allege facts from which a reasonable conclusion could be drawn that the Medical Board acted arbitrarily or capriciously. Concur -—Botein, P. J., Rabin, Eager, Steuer and Noonan, JJ.
Gratz v. Cavanagh
Court: Appellate Division of the Supreme Court of the State of New York
Date filed: 1963-02-05
Citations: 18 A.D.2d 887, 237 N.Y.S.2d 654, 1963 N.Y. App. Div. LEXIS 4449
Copy CitationsLead Opinion