ARTIFICIAL INTELLIGENCE [AI] IS NOT USED IN COMPOSING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS.

Oct 20, 2026

Requesting the reconsideration of an administrative decision does not extend the running of the statute of limitations to appeal that decision

In this action to recover damages for alleged employment discrimination on the basis of disability in violation of the New York State Human Rights Law and the New York City Human Rights Law, Supreme Court granted the Employer's [Defendant] motion to dismiss the Plaintiff's complaint. Plaintiff appealed the Supreme Court's decision.

The Appellate Division, noting that:

1. Actions alleging discrimination under the NYSHRL and NYCHRL must be commenced within three years after the alleged unlawful discriminatory practice or act of discriminatory harassment; and 

2. An employment discrimination claim accrues on the date that an adverse employment determination is made and communicated to the plaintiff. 

Plaintiff failing to establish his entitlement to a disabled veteran's credit started the running of the applicable statute of limitations. 

Plaintiff's written request seeking administrative reconsideration of Defendant's decision to withdraw the Plaintiff's disabled veteran's credit did not toll the statute of limitations, nor did it allow the Plaintiff to circumvent the statute of limitations by demanding that the Defendant change its determination and thereafter commencing an action when that demand was refused. Indeed, the Appellate Division's decision points out the Plaintiff commenced the instant action almost five years after Defendant notified the Plaintiff that he was ineligible for a disabled veteran's credit.

In the words of the Appellate Division: "Supreme Court properly granted the [Defendant's] motion pursuant to CPLR 3211(a) to dismiss the complaint and dismissed Plaintiff's appeal of the Supreme Court's decision.

Click HERE to access the Appellate Division's decision posted on the Internet.


Editor in Chief Harvey Randall served as Director of Personnel, State University of New York Central Administration; Director of Research, Governor's Office of Employee Relations; Principal Attorney, Counsel's Office, New York State Department of Civil Service; and Colonel, JAG, Command Headquarters, 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.

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