When is “final” administrative or quasi-judicial determination “final”
Seidner v. Town of Colonie, 79 AD2d 751
Administrative and quasi-judicial decisions such as those resulting from disciplinary action, commission decisions and similar proceedings may be reviewed by the courts once the decision is “final”. It is sometimes necessary to determine if the decision is ripe for appeal as well as the timeliness of the appeal.
In Seidner, the Appellate Division indicated that an administrative determination is considered “non-final” where the body or officer making the determination is expressly authorized by statute to rehear the matter upon the petitioner’s application.
Seidner’s appeal was held untimely because it was filed late.
While the matter could be reconsidered by action of the (Zoning Appeals) Board, “there was not statutory authority for a re-hearing upon the petitioner’s application (See Section 267.6, Town Law).
The discretionary power to rehear or reopen matters that is vested in nearly all administrative agencies, is not sufficient to render an otherwise final order “non-final.”
The Appellate Division then commented that the courts have consistently held that the filing, and subsequent denial, of an application to reconsider an administrative board’s determination does not extend the period of limitations within which to seek (judicial) review of the determination.