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Failure to file a timely General Municipal Law §50-e(1)(a) notice of claim fatal to court assuming jurisdiction of the matter

Failure to file a timely General Municipal Law §50-e(1)(a) notice of claim fatal to court assuming jurisdiction of the matter
Donas v City of New York, 2009 NY Slip Op 03838, Appellate Division, First Department

Harry Donas claimed that as a result of his reporting alleged corruption within in agency, the New York City Department of Environmental Protection, to his supervisor, he was told that he would never be promoted. He sued, contending that he has been damaged monetarily by not receiving the salary to which he was entitled and that his professional standing and reputation has been damaged.

Supreme Court dismissed his petition, finding that Donas had failed to serve the Department with a notice of claim within 90 days of the act or omission underlying his complaint as required by General Municipal Law §50-e(1)(a).*

Supreme Court found that Donas? claim ?accrued no later than September 2003, when he allegedly was told that he would never be promoted.? As he did not serve his notice of claim until January 26, 2005, his action was untimely,** noting that a claim under Civil Service Law §75-b must be brought within one year after it accrues (Civil Service Law §75-b[3][c]; Labor Law § 740[4][a]).

* Presumably the court found that Donas was attempting to vindicate a personal interest in contrast to a public interest, hence the filing of a notice of claim was required.

** The court noted that Donas did not seek permission to file a late notice of claim (see General Municipal Law §§ 50-e[5]; 50[i].

The decision of the Appellate Division is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2009/2009_03838.htm

The decision of the Supreme Court is at:
http://www.nycourts.gov/reporter/pdfs/2008/2008_30241.pdf

Full post as published by New York Public Personnel Law on May 28, 2009 (boomark / email).