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Maverick
Maverick, Attorney
Category: Legal
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Experience:  20 years experience as a civil trial and appellate lawyer
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How is the statute of limitation York Article 78 is met? Be

Customer Question

How is the statute of limitation for New York Article 78 is met? Be specific and provide up to date law or case law to support the answer.
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

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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Customer: replied 1 year ago.
My question how is met it. Meaning what action needs be taken in order for the statute of limitation to be satisfied? Please support with up to date law or case law.
Expert:  Ely replied 1 year ago.

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.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 1 year ago.
What does "filing a petition" entail? Meaning what are the components of filing a petition? Buying the Index number? Please support with up to date law or case law.
Expert:  Ely replied 1 year ago.

Hello,

I am going to opt out in favor of another expert. Good luck.

Expert:  Maverick replied 12 months ago.

Welcome to Just Answer! My name is Maverick. (Here) is my profile. Please give me a few minutes to review, analyze and/or research your inquiry and I will be back. Thank you for your patience.