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A petition under Article 78 has four months statute of limitations, beginning from the time when the determination is made by the agency that is the Defendant, or, four months days from the agency's refusal to perform its duty. Citation: NY CPLR 217.
Also see: Matter of Ahmed v Department of Fin. 2010 NY Slip Op 33379(U) December 3,***** New York County (confirming NY CPL 217 applying to Article 78).
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It is met by filing the petition under Article 78. "According to CPLR 217, a petitioner must bring an Article 78 proceeding within 120 days from the date of an agency’s final determination." Matter of Ahmed v Department of Fin. 2010 NY Slip Op 33379(U) December 3,***** New York County.
By filing the petition, the statute of limitation's end date is avoided.
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