ARTIFICIAL INTELLIGENCE IS NOT USED, IN WHOLE OR IN PART, IN THE SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS PREPARED BY NYPPL

June 17, 2019

Determining the timeliness of an appeal of an administrative decision to an administrative appellate body within the agency


The critical lesson set out in this decision by the Appellate Division is that a request to reconsider a "final administrative determination" does not toll the running of the statute of limitations for initiating litigation challenging the decision.

The Appellate Division said it agreed with the Supreme Court's determination that the commencement of a proceeding pursuant to CPLR Article 78 was untimely as the retiree [Petitioner] did not file the action within four months of receiving the Retirement Systems determination informing her of the effective date of her retirement. Although Petitioner's subsequent asked the Retirement System to reconsider its determination regarding the effective date of her retirement, requests for "administrative reconsideration" do not extend or toll the running of the statute of limitations.

A related question concerns the timeliness of filing an administrative appeal of an agency's determination concerning a matter when a statute authorizes an individual to file an appeal from an administrative determination by mail. Is the controlling date the date the appeal was mailed to the agency's administrative appellate body or the date on which the appeal was received by the administrative appellate body?

In McLaughlin v Saga Corp., NYS Appellate Division, 242 A.D.2d 393, the Appellate Division overturned the traditional view was that the notice of appeal is untimely if it physically received by the appellate body after the Statute of Limitations had passed.

Rather, decided the Appellate Division, if the party is able to submit "proof of mailing within the limitations period," the application or appeal is timely.

The case arose under a provision of the Workers' Compensation Law that allowed a party to "serve" its appeal on the WCB by mailing it to the Board within 30 days. However, the Board took the position that unless it received the application for review on or before the last day of the 30-day limitations period, it was untimely. In Saga's case, although mailed within the 30-day period allowed for filing the application, WCB did not physically receive it until eight days after the statute of limitations had expired.

The rationale underlying the revised ruling is clear. If a person has a statutory right to make a decision, which may be then filed by mail, this period would necessarily be shortened if the appellate body could insist that it physically receive the mailed notice no later than the last day of the period of limitation.

In effect the Appellate Division concluded that the method of service of a notice of appeal, mail or personal delivery, should not determine the time period available to the party to decided whether or not to appeal an administrative ruling.

However, it appears that such a final action must be reduced to writing in order to start the running of the statute of limitations. In McCoy v San Francisco, City and County, 14 F.3d 28 , theU.S. Court of Appeals, 9th Circuit, ruled that a public employee's civil rights suit against his employer accrued when the appointing authority issued a  written statement suspending him from work, rather than from the date of a hearing held earlier at which time McCoy was orally told he was suspended from his position.

The Retirement System decision is posted on the Internet at:

The McLaughlin v Saga decision is posted on the Internet at:

The McCoy v San Francisco decision is posted on the Internet at:

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. AGAIN, 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, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
New York Public Personnel Law Blog Editor Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. 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 posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
Copyright 2009-2024 - Public Employment Law Press. Email: nyppl@nycap.rr.com.