Labor & Employment Law

Requests for reconsideration of a decision fail to toll the statute of limitations

By Harvey Randall, Esq.

Requests for reconsideration of a decision fail to toll the statute of limitations
Prasanna Goonewardena v Hunter College, 2007 NY Slip Op 04356, Appellate Division, First Dept., Decided on May 22, 2007

An Article 78 proceeding challenging an administrative decision must be commenced within four months after the determination to be reviewed becomes final and binding.

Prasanna Goonewardena asked the court to reverse the decision of the President of Hunter College to suspend him from his position. Rejecting Goonewardena?s claims as being without merit, the Appellate Division noted that ?[t]he Committee determined that the suspension would remain in effect until [Goonewardena] could document that he was receiving psychiatric treatment from a licensed psychiatrist acceptable to the college, and that he posed no threat to himself or others. Based on [City University of New York?s] duty to protect other students and staff on its campuses, it was reasonable to find the documentation submitted inadequate. Although the President?s decision was issued on October 1, 2003, Goonewardena did not file his Article 78 petition until July 2005.

The Appellate Division affirmed Supreme Court?s ruling dismissing Goonewardena?s petition because he failed to file it within four months of the date of the President?s decision.

The court rejected Goonewardena?s argument that he was engaged in an exchange of correspondence with the City University of New York concerning the medical documentation, which he claimed should be viewed as a request for reconsideration of the President?s decision.

The Appellate Division commented that a request for reconsideration of an administrative determination does not toll the four-month statute of limitations ?even when an agency takes it under review or negotiates with a petitioner over modification of the administrative determination,? citing Lubin v Board of Education of City of New York, 60 NY2d 974.

Full post as published by New York Public Personnel Law on March 17, 2008 (boomark / email).