An employee [Plaintiff] challenged his employer's [Employer] calculation of his pension is a challenge to an administrative determination. According, as the Appellate Division noted, any legal action should be brought pursuant to CPLR Article 78 and is subject to the four-month statute of limitations to file such a petition set out in §217 of the Civil Practice Law and Rules [CPLR].
Employer had excluded Plaintiff's "summer pay" from its calculation of Plaintiff's pension benefits. This calculation became "final and binding" on the Plaintiff when he received his annual "benefits letter" from the Employer. Further, noted the Appellate Division, Employer's reply to Plaintiff's inquiry concerning the calculation of his retirement allowance that Plaintiff submitted almost six years later indicating that "there is nothing further than can be done" did not serve to extend the controlling limitations period.
Similarly, as was noted in Raykowski v NYC DOT, 259 AD2d 367, a request for reconsideration of an administrative determination does not extend the statute of limitations for perfecting an appeal.
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