Matter of Schwartz v. Handy

122 A.D.3d 407, 994 N.Y.S.2d 538

Opinion

Judgment, Supreme Court, New York County (Eileen A. Rakower, J.), entered on or about December 19, 2011, granting respondents’ cross motion to dismiss the petition to annul the determination of respondent New York City Civil Service Commission, which denied petitioner’s request for an adjustment of his seniority date from February 13, 1997 to August 8, 1994, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.

The record establishes that petitioner suffered “actual, concrete injury” (Matter of Best Payphones, Inc. v Department of Info. Tech. & Telecom, of City of N.Y., 5 NY3d 30, 34 [2005]) no later than December 8, 2010, when he was unequivocally informed of the determination that his seniority date was February 13, 1997. Accordingly, the petition, filed in July 2011, was untimely (CPLR 217).

Concur — Mazzarelli, J.P, Acosta, De-Grasse and Clark, JJ.