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Friday, March 08, 2013

Accrual of a cause of action commences upon the receipt of the final administrative determination


Accrual of a cause of action commences upon the receipt of the final administrative determination

In this Article 78 action the Appellate Division affirmed Supreme Court’s determination that the employee’s claim  did not accrue until she received the final administration decision, citing Education Law §3813.2-b.

As the individual commenced her action within one year of her receiving the final determination, the Supreme Court ruled that she had satisfied the relevant statute of limitations.

In some case, however, the final administrative determination may not initially be sent to the individual.

Significantly, the delivery of a final administrative decision to an employee's union does not count with respect to the commencement of the running of the statute of limitations. In Weeks v State of New York, 198 AD2d 615, the court held that the statute of limitations begins to run when the decision is served on the employee, not from the date on which the union received its copy.

The basic rules are:

1. If an employee is represented by an attorney, the administrative body may send a copy of the determination to the employee but it must serve the attorney to commence the running of the statute of limitations.

2. If the employee is represented by a person who is not an attorney, the administrative body may send a copy to the representative but it must serve the employee to start the statute of limitations running.

It should be remembered, however, that an individual’s request for reconsideration of a “final administrative determination” neither tolls the running of the statute of limitations [see Lavin v Lawrence, 54 AD3d 412] nor extends the statute of limitations [see Raykowski v NYC DOT, 259 AD2d 367] for the purposes of perfecting an appeal.  

The decision is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2013/2013_01358.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/

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