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Requesting the reconsideration of an administrative determination does not toll the statute of limitations for bring an Article 78 action

Requesting the reconsideration of an administrative determination does not toll the statute of limitations for bring an Article 78 action
Matter of Barresi v County of Suffolk, 2010 NY Slip Op 03439, Decided on April 27, 2010, Appellate Division, Second Department

Philip R. Barresi?s request for line-of-duty benefits under General Municipal Law §207-c, which was denied by the Suffolk County Department of Risk Management on January 31, 1992.

According to Barresi, the review of the denial of his claim for these benefits was placed on hold pending a decision on his Worker's Compensation claim. The Workers' Compensation claim was decided on March 15, 2001.

Ultimately, Barresi?s application for §207-c was rejected by Suffolk County and on September 20, 2001, the Suffolk County Sheriff's Department told him that no further action would be taken regarding his claim for benefits.

Subsequently Barresi sued, but his Article 78 action was dismissed as untimely.

The Appellate Division pointed out that ?even if we consider this correspondence from [Barresi?s] counsel to be a demand upon the respondent Suffolk County Sheriff's Department and that [Suffolk?s] letter in reply to be a denial of benefits or a refusal to take further action, then the statute of limitations for [Barresi?s] CPLR Article 78 proceeding expired at the latest four months after September 20, 2001.?

Furthermore, said the court, although Barresi contended that there was internal correspondence between parties from 2007 involving his request for the review of his claim for benefits, such correspondence ?cannot be considered anything more than a request for reconsideration, and did not have the effect of reviving [Barresi?s] claim or tolling the statute of limitations.?

The decision is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2010/2010_03439.htm

Full post as published by New York Public Personnel Law on May 03, 2010 (boomark / email).