Tuesday, January 10, 2012

Declining to avail one’s self of an administrative remedy triggers the running of the statute of limitations to challenge the administrative decision

Declining to avail one’s self of an administrative remedy triggers the running of the statute of limitations to challenge the administrative decision
Goldstein v Teachers' Retirement Sys. of the City of New York, 89 AD3d 501

The New York City Department of Education advised Leslie Goldstein that the New York City Teachers’ Retirement System had improperly included prior employment in calculating his service credit with the New York City Department of Education.

Although Goldstein was offered an administrative remedy that would have allowed him to obtain the service credit he wished, he declined that remedy. The Appellate Division ruled that the four-month Statute of Limitations to challenge the calculation of his service credit commenced running on the date he declined the administrative remedy offered.

The Appellate Division noted that when the Retirement System ascertained that Goldstein actually had less service credit that it preliminary evaluation indicated, it was required by Education Law §525 to correct the error.

Further, said the court, “The doctrine of estoppel may not be applied to prevent [the Retirement System] from doing so,” citing E.F.S. Ventures Corp. v Foster, 71 NY2d 359, 369 and Matter of Scheurer v New York City Employees' Retirement Sys., 223 AD2d 379

The decision is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2011/2011_07925.htm

Handbooks focusing on State and Municipal Public Personnel Law continue to be available for purchase via the links provided below:

The Discipline Book at http://thedisciplinebook.blogspot.com/

Challenging Adverse Personnel Decisions at http://nypplarchives.blogspot.com

The Disability Benefits E-book: at http://section207.blogspot.com/

Layoff, Preferred Lists at http://nylayoff.blogspot.com/

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