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December 19, 2011

Filing an appeal from an administrative decision in accordance with a grievance procedure does not toll the running of the statute of limitations for bringing an Article 78 action

Filing an appeal from an administrative decision in accordance with a grievance procedure does not toll the running of the statute of limitations for bringing an Article 78 action
Matter of Matter of Hazeltine v City of New York, 2011 NY Slip Op 08625, Appellate Division, First Department.

The Appellate Division, pointing out that an Article 78 petition challenging an administrative personnel decision with which the employee is unhappy must be brought within four months of the effective date of termination dismissed Hazeltine’s complaint noting that the time to commence such an Article 78 proceeding  “is not extended by the [individual’s] pursuit of administrative remedies.

Hazeltine had appealed the personnel decision to higher authority in accordance with the procedures providing for such challenges.

In this instance, said the court, Hazeltine’s cause of action accrued on August 24, 2007 and his petition was not filed until November 2, 2009, more than two years after his cause of action accrued.

The decision is posted on the Internet at:

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