Brown v. Manhattan & Bronx Surface Transit Operating Authority

Appellate Division of the Supreme Court of New York

Brown v. Manhattan & Bronx Surface Transit Operating Authority

209 A.D.2d 465, 619 N.Y.S.2d 638, 1994 N.Y. App. Div. LEXIS 11232

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 14, 1994

StatusPublished

This text of 209 A.D.2d 465 (Brown v. Manhattan & Bronx Surface Transit Operating Authority) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brown v. Manhattan & Bronx Surface Transit Operating Authority, 209 A.D.2d 465, 619 N.Y.S.2d 638, 1994 N.Y. App. Div. LEXIS 11232 (N.Y. Ct. App. 1994).

Pincite

Opinion

—In an action to recover deductions from the plaintiff’s accident disability benefits, the plaintiff appeals from an order of the Supreme Court, Kings County (Greenstein, J.), dated [466]*466August 31, 1993, which denied his application for a preliminary injunction and granted the defendant’s cross motion to dismiss the complaint.

Ordered that the order is affirmed, with costs.

We agree with the findings of the Supreme Court that the relief sought by the plaintiff is obtainable in a proceeding pursuant to CPLR article 78, and that a four-month Statute of Limitations applies (see, Ferraiola v O’Dwyer, 302 NY 371). Since the plaintiff commenced this action more than four months after the determination by the defendant, the action is untimely (see, CPLR 217; Matter of Save the Pine Bush v City of Albany, 70 NY2d 193, 203). Thompson, J. P., Miller, O’Brien, Santucci and Joy, JJ., concur.

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—In an action to recover deductions from the plaintiff’s accident disability benefits, the plaintiff appeals from an order of the Supreme Court, Kings County (Greenstein, J.), dated [466]*466August 31, 1993, which denied his application for a preliminary injunction and granted the defendant’s cross motion to dismiss the complaint.

Ordered that the order is affirmed, with costs.

We agree with the findings of the Supreme Court that the relief sought by the plaintiff is obtainable in a proceeding pursuant to CPLR article 78, and that a four-month Statute of Limitations applies (see, Ferraiola v O’Dwyer, 302 NY 371). Since the plaintiff commenced this action more than four months after the determination by the defendant, the action is untimely (see, CPLR 217; Matter of Save the Pine Bush v City of Albany, 70 NY2d 193, 203). Thompson, J. P., Miller, O’Brien, Santucci and Joy, JJ., concur.

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Bluebook (online)

209 A.D.2d 465, 619 N.Y.S.2d 638, 1994 N.Y. App. Div. LEXIS 11232, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-manhattan-bronx-surface-transit-operating-authority-nyappdiv-1994.

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