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."

Click HERE to access the full text of the Appellate Division's decision.