Request for reconsideration of an administrative determination does not extend the statute of limitations for perfecting an appeal

Request for reconsideration of an administrative determination does not extend the statute of limitations for perfecting an appeal
Raykowski v NYC DOT, App. Div., 1st Dept, 259 AD2d 367

Sometimes an individual who has been adversely affected by an administrative decision asks the appointing authority to reconsider its determination. However, as the Raykowski decision indicates, such a request will not excuse the individual’s failing to file a timely challenged to the decision itself.

Michael Raykowski was terminated from his position with the City of New York Department of Transportation because he failed to “maintain a city residence.” Although he asked for reconsideration of the decision terminating his employment, the Appellate Division said that asking for reconsideration “did not extend the applicable four-month [Statute of] limitations ....”

The Appellate Division commented that challenges to administrative decision had to be brought pursuant to Article 78 [Article 78, Civil Practice Law and Rules]. Such an action must be commenced within four month of the final administrative determination.

Significantly, the decision notes that a “fresh, complete and unlimited examination on the merits” will revive the Article 78 statute of limitation. However, the Court ruled that the Department’s meeting with Raykowski eight months after his termination did not satisfy this test and therefore his petition had to be dismissed as untimely.

This decision points out the danger of an employer’s agreeing to reconsider an earlier final administrative decision. If the court determines that the agency’s reconsideration is a fresh, complete and unlimited review of the underlying issue, the Statute of Limitations for the purposes of bringing an Article 78 will commence to run from the date the final determination of the agency’s “reconsideration.”
NYPPL