Best Lawblog Contest for 2017 now being conducted by The Legal Institute

From now until
September 15th, 2017, Lawblog fans can nominate their favorite blogs and bloggers for inclusion in the voting round of 2017. As in previous years, the nomination process is competitive, meaning the more nominations a blog receives, the more likely it is to be included in the public voting stage of the contest.

To access the link to the nomination form, click on:

https://www.theexpertinstitute.com/blog-contest/?utm_source=email&utm_medium=email&utm_content=CTA&utm_campaign=blog-contest-8.14.2017-general

Wednesday, July 18, 2012

Request for reconsideration of an administrative decision does not toll the statute of limitation


Request for reconsideration of an administrative decision does not toll the statute of limitation
Lavin v Lawrence, 54 AD3d 412

The Nassau County Civil Service Commission disqualified Andrew Lavin for appointment to a position as a Nassau County Police Officer on August 8.

The Appellate Division dismissed Lavin’s challenge to the Commission’s decision as time-barred pursuant to CPLR 217(1). The court said that the Commission’s decision became final and binding upon him on August 22, at the latest, when Lavin’s attorney received a letter from the Commission indicating that that it had reviewed the Lavin's “submissions in response to the original disqualification notice and adhered to that earlier determination.”

Noting that an individual’s request for additional time to take an administrative appeal and the Commission's review of the letters of recommendation sent by the individual did not act to toll the statute of limitations, the Appellate Division ruled that Lavin’s appeal filed on January 4 of the following year was untimely.

In contrast to the legal effect of an individual merely submitting a “request for reconsideration,” assume that the administrative body actually agrees to reconsider the matter and thereafter issues a new determination. In such a situation the statute of limitations will begin running from the date of the new “final determination.” This is the case even if the new “final determination” confirms the original administrative decision [see Raykowski v NYC DOT, 259 A.D.2d 367].

The full text of the Lavin decision is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2008/2008_06644.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/

A Reasonable Penalty Under The Circumstances at http://nypplarchives.blogspot.com

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

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

Caution:

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.

THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.

Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material in this blog is presented with the understanding that the publisher is not providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader should seek such advice from a competent professional.

Items published in NYPPL may not be used for commercial purposes without prior written permission to copy and distribute such material. Send your request via e-mail to publications@nycap.rr.com

Copyright© 1987 - 2017 by the Public Employment Law Press.



___________________



N.B. From time to time a political ad or endorsement may appear in the sidebar of this Blog. NYPPL does not have any control over such posting.

_____________________

.