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In the Matter of Seymour Gratz v. Edward F. Cavanagh, Jr., as Commissioner of the Fire Department of the City of New York
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.