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

Nov 13, 2026

The date of the lawful service of the final administrative disciplinary decision triggers the running of the statute of limitations to appeal the administrative decision

Supreme Court denied Plaintiff's CPLR Article 78 petition seeking to annul the New York City Transit Authority's [Respondent] decision, rejecting Plaintiff's contention that he was entitled to an exemption from the New York City Transit Authority internal disciplinary process and that the disciplinary charges filed against him should have been considered at a  disciplinary hearing held pursuant to Civil Service Law §75. 

The Appellate Division unanimously affirmed the Supreme Court's ruling.

The Appellate Division explained that Respondent's January 31, 2024, decision denying Petitioner's appeal of his disciplinary suspension was final and binding and "put the [Petitioner] on notice that all administrative appeals have been exhausted".  

Noting that Plaintiff commenced the instant Article 78 proceeding on January 30, 2025, nearly one year after the Respondent's "final determination", the Appellate Division said that Supreme Court properly dismissed the proceeding as time barred, pointing out that contrary to Plaintiff's contention, "there was nothing contained in the January 31, 2024 determination that created ambiguity or the impression of nonfinality". 

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.

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the information and, or, decisions summarized in NYPPL. For example, New York State Department of Civil Service's Advisory Memorandum 24-08 reflects changes required as the result of certain amendments to §72 of the New York State Civil Service Law to take effect January 1, 2025 [See Chapter 306 of the Laws of 2024]. Advisory Memorandum 24-08 in PDF format is posted on the Internet at https://www.cs.ny.gov/ssd/pdf/AM24-08Combined.pdf. Accordingly, the information and case summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
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