ARTIFICIAL INTELLIGENCE [AI] IS NOT USED, IN WHOLE OR IN PART, IN PREPARING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS

August 22, 2024

Some critical procedural elements to consider when initiating an Article 78 action challenging an administrative adjudication

Petitioner commenced this proceeding pursuant to CPLR Article 78 to review the Office of Court Administration's [OCA] denial of his grievance conducted pursuant to the relevant collective bargaining agreement's "noncontractual grievance procedure". 

Pursuant to CPLR 3211(a), OCA moved to dismiss the petition, arguing that the proceeding was time-barred by the applicable statute of limitations. Supreme Court granted OCA's motion, denied the petition, and dismissed the proceeding. Petitioner appealed the Supreme Court's decision.

The Appellate Division held that "Supreme Court properly granted OCA's motion pursuant to CPLR 3211(a) to dismiss the petition, denied the petition, and dismissed the proceeding", noting, among other things,:

"A proceeding against a body or officer must be commenced within four months after the determination to be reviewed becomes final and binding on the petitioner; 

"An administrative determination becomes 'final and binding' when two requirements are met: completeness (finality) of the determination and exhaustion of administrative remedies;

"OCA's determination denying the [Petitioner's] request 'became final and binding no later than five days after a letter dated January 10, 2022, was mailed (see CPLR 2103[b][2]). The petition was filed in August 2022 and therefore, the proceeding was untimely';

"OCA's denial letter was not ambiguous because it denied the Petitioner's request 'at this time.' The denial letter, which also advised the [Petitioner] that any different determination would require a new request ... 'left no doubt that there would be no further administrative action' "; and

"A statute of limitations is not tolled 'by the invocation of grievance procedure which is merely an alternative remedy'. Here, the noncontractual grievance procedure provided for in the relevant collective bargaining agreement was not mandatory but merely an alternative remedy. Therefore, the [Petitioner's] invocation of that procedure did not toll the [running of the] statute of limitations".

Click HERE to access the entire text of the Appellate Division's opinion posted on the Internet.


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.
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