Adjective Law is that portion of the law that deals with the rules of procedure governing evidence, pleading, and practice. For example:
1. A New York State CPLR Article 78 proceeding seeking review of an administrative determination may be filed only after the determination has become "final and binding.
An administrative determination becomes final and binding when two requirements are met:
[1] completeness [finality] of the determination and
[2] exhaustion of administrative remedies.
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2. A settlement agreement is properly read in conjunction with the release, particularly where the release expressly refers to the settlement agreement.
In the instant New York State litigation the court found that the agreement settled only the claims in a Federal action and made no mention of claims set out in a State action, although the State action was pending at the time.
Further, the court noted that the claims in the two actions were not related.
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access the relevant decision posted on the Internet.
3. On a motion to dismiss a complaint pursuant to New York State's CPLR 3211(a)(5) on the ground that the statute of limitations has expired, the moving defendant must establish, prima facie, that the time in which to commence the action has expired.
If the defendant satisfies this burden, the burden of going forward shifts to the plaintiff to raise a question of fact as to whether the statute of limitations was tolled or is otherwise inapplicable, or whether the plaintiff actually commenced the action within the applicable limitations period.
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access the relevant decision posted on the Internet.