A job seeker [Applicant] appealed the decision of Supreme Court granting the prospective employer's [Agency] motion the dismiss Applicant's CPLR Article 78 petition seeking a court order annulling the Agency's decision not to hire the Applicant and directing the Agency to reconsider his application for employment.
The Appellate Division Unanimously affirmed the Supreme Court's action explaining that the lower court had "properly dismissed this proceeding as untimely" as it had been commenced more than four months after the Agency's determination to deny Applicant's renewed application for employment became final and binding on the Applicant for the position.
The court rejected Applicant's argument that the statute of limitations period did not begin to run on the date of the General Municipal Law §50-h hearing* held in connection with a notice of claim Applicant had filed with the Agency concerning his claim for damages arising from its alleged discrimination in violation of Correction Law §752,** noting that one cannot "circumvent the statute of limitations by demanding that an agency change its determination and seeking [a writ of] mandamus to compel when that demand is refused."***
The Appellate Division characterized the Applicant's notice of claim as constituting "at best a plea for reconsideration" which effort "neither tolled the Statute of Limitations nor began anew the time within which review could be sought," citing Miller v McGough, 97 AD2d 416. Further, noted the court, the record does not support Applicant's claim that he made a demand for compliance with a duty enjoined on the Agency by law at the §50-h hearing.
* § 50-h, Examination of claims, sets out the procedures to be followed in the event an individual files a notice of claim is filed against a political subdivision of the State involving the occurrence and extent of the injuries or damages for which claim is made.
** §752 of the Corrections Law prohibits "Unfair discrimination against persons previously convicted of one or more criminal offenses.
*** The writ of mandamus is one of number of the ancient “common law” writs and is granted by a court to compel an official to perform "acts that officials are duty-bound to perform." Other writs include the writ of prohibition – a writ issued by a higher tribunal to a lower tribunal to "prohibit" the adjudication of a matter then pending before the lower tribunal on the grounds that the lower tribunal "lacked jurisdiction;" the writ of injunction - a judicial order preventing a public official from performing an act; the writ of "certiorari," compelling a lower court to send its record of a case to the higher tribunal for review by the higher tribunal; and the writ of “quo warranto” [by what authority]. The Civil Practice Law and Rules sets out the modern equivalents of the surviving ancient writs.
The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2019/2019_05069.htm
Summaries of, and commentaries on, selected court and administrative decisions and related matters affecting public employers and employees in New York State in particular and possibly in other jurisdictions in general.
ARTIFICIAL INTELLIGENCE [AI] IS NOT USED, IN WHOLE OR IN PART, IN PREPARING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS
CAUTION
Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the information and, or, decisions summarized in NYPPL.
For example, New York State Department of Civil Service's Advisory Memorandum 24-08 reflects changes required as the result of certain amendments to §72 of the New York State Civil Service Law to take effect January 1, 2025 [See Chapter 306 of the Laws of 2024]. Advisory Memorandum 24-08 in PDF format is posted on the Internet at https://www.cs.ny.gov/ssd/pdf/AM24-08Combined.pdf.
Accordingly, the information and case 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.
NYPPL Blogger 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.
New York Public Personnel Law.
Email: publications@nycap.rr.com