Request for reconsideration of an administrative decision does not toll the statute of limitation
Lavin v Lawrence, 54 AD3d 412
Lavin v Lawrence, 54 AD3d 412
The Nassau County Civil Service Commission disqualified Andrew Lavin for appointment to a position as a Nassau County Police Officer on August 8.
The Appellate Division dismissed Lavin’s challenge to the Commission’s decision as time-barred pursuant to CPLR 217(1). The court said that the Commission’s decision became final and binding upon him on August 22, at the latest, when Lavin’s attorney received a letter from the Commission indicating that that it had reviewed the Lavin's “submissions in response to the original disqualification notice and adhered to that earlier determination.”
Noting that an individual’s request for additional time to take an administrative appeal and the Commission's review of the letters of recommendation sent by the individual did not act to toll the statute of limitations, the Appellate Division ruled that Lavin’s appeal filed on January 4 of the following year was untimely.
In contrast to the legal effect of an individual merely submitting a “request for reconsideration,” assume that the administrative body actually agrees to reconsider the matter and thereafter issues a new determination. In such a situation the statute of limitations will begin running from the date of the new “final determination.” This is the case even if the new “final determination” confirms the original administrative decision [see Raykowski v NYC DOT, 259 A.D.2d 367].
The full text of the Lavin decision is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2008/2008_06644.htm