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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 in other jurisdictions in general.
December 15, 2021
The failure to initiate a timely CPLR Article 78 challenging a final administrative decision requires the dismissal of the complaint
The Appellate Division concluded that petitioner's cause of action alleging that the appointing authority unlawfully terminated his probationary employment — a decision made by administrative determination — is time-barred as petitioner was terminated "almost 15 months before bringing this action, and a challenge to an administrative determination on the ground that it is contrary to law is subject to a four-month statute of limitations."