An individual may not rely on the actions of another party to toll the running of the Statute of Limitations for filing a timely Article 78 petition

An individual may not rely on the actions of another party to toll the running of the Statute of Limitations for filing a timely Article 78 petition
Portnoy v Board of Educ. of City School Dist. of City of N.Y., 20 Misc.3d 1119(A)

This decisions sets out some of reasons that a court may consider in rejecting arguments that actions by another party served to toll the relevant statute of limitations.

Noting that the four-month period of the statute of limitations begins to run when the determination made by the agency becomes final and binding, Judge Madden said that:

[1] A request for reconsideration of an administrative determination does not toll or revive the statute of limitations, even when the agency reconsiders its determination or negotiates with individual regarding modification of the administrative decision.

[2] A statute of limitations is not tolled should the individual seeks redress through a procedure that subsequently turns out to be unavailable.

The decision is posted on the Internet at:

http://www.courts.state.ny.us/reporter/pdfs/2008/2008_31933.pdf