De Milio v. Borghard

In De Milio v. Borghard, 55 N.Y.2d 216 (1982), petitioner was terminated from employment, and then wrote a letter to the Commissioner requesting reconsideration, after he pursued his administrative remedies. The court held that bringing the Article 78 proceeding four months after the Commissioner's decision rejecting the letter's request for reconsideration was untimely. Since petitioner failed to bring this proceeding within four months of the decision by the Department to terminate her employment, the petition must be dismissed as untimely.