Appellate Division of the Supreme Court of the State of New York June 13, 1957 (Wilsey v. Johnson)

Appeals by the Superintendent of Public Works from two orders of the Supreme Court, Special Term, Albany County which denied the motions of respondent to dismiss the petitions herein. The ground assigned for each motion to dismiss was that the proceeding was not commenced within the four months’ period prescribed by section 1286 of the Civil Practice Act.