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The statute of limitations to challenge an administrative decision starts to run when the determination becomes ?final and binding?

The statute of limitations to challenge an administrative decision starts to run when the determination becomes ?final and binding?
Fager v Board of Educ., Rochester City School Dist., 2010 NY Slip Op 04003, decided on May 7, 2010, Appellate Division, Fourth Department

Kevin Fager appealed the Supreme Court?s dismissal of his Article 78 petition after Supreme Court ruled that was untimely.

The Appellate Division said that ?Supreme Court erred? in granting the school district?s motion to dismiss Fager?s petition as time-barred and reversed the lower court?s ruling.

The court observed that "A CPLR Article 78 proceeding must be commenced within four months after the determination sought to be reviewed becomes final and binding?..?

When does a decision become final and binding: ?when it definitively impacts and aggrieves the party seeking judicial review."

In this instance the Appellate Division found that Fager had filed his Article 78 action less than four months after school district?s determination became final and binding.

N.B. A request submitted to the administrator or administrative body making the "final" determination for ?reconsideration? of the decision does not toll the running of the relevant statute of limitations.

The decision is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2010/2010_04003.htm

Full post as published by New York Public Personnel Law on May 21, 2010 (boomark / email).