Muss v. City of New York

Appellate Division of the Supreme Court of New York

Muss v. City of New York

194 A.D.2d 303, 598 N.Y.S.2d 226

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

DecidedJune 1, 1993

StatusPublished

This text of 194 A.D.2d 303 (Muss v. City of New York) 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

Muss v. City of New York, 194 A.D.2d 303, 598 N.Y.S.2d 226 (N.Y. Ct. App. 1993).

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Opinion

—Judgment, Supreme Court, New York County (Charles E. Ramos, J.), entered December 19, 1991, which, in a proceeding pursuant to CPLR article 78 to annul respondents’ determination rejecting petitioner’s request for payment of overtime work in 1987-1988 and corresponding pension benefits, granted respondents’ motion to dismiss the petition as barred by the Statute of Limitations, unanimously affirmed, without costs.

Respondents’ determination had " 'its impact’ ” upon petitioner, in October 1990, when respondent New York City Commission on Human Rights informed petitioner that her claim for overtime work in 1987-1988 had been denied (Matter of Edmead v McGuire, 67 NY2d 714, 716). Since this proceeding was not commenced within four months thereafter, it was properly dismissed as time-barred (CPLR 217). Concur—Carro, J. P., Ellerin, Wallach, Ross and Rubin, JJ.

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—Judgment, Supreme Court, New York County (Charles E. Ramos, J.), entered December 19, 1991, which, in a proceeding pursuant to CPLR article 78 to annul respondents’ determination rejecting petitioner’s request for payment of overtime work in 1987-1988 and corresponding pension benefits, granted respondents’ motion to dismiss the petition as barred by the Statute of Limitations, unanimously affirmed, without costs.

Respondents’ determination had " 'its impact’ ” upon petitioner, in October 1990, when respondent New York City Commission on Human Rights informed petitioner that her claim for overtime work in 1987-1988 had been denied (Matter of Edmead v McGuire, 67 NY2d 714, 716). Since this proceeding was not commenced within four months thereafter, it was properly dismissed as time-barred (CPLR 217). Concur—Carro, J. P., Ellerin, Wallach, Ross and Rubin, JJ.

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Bluebook (online)

194 A.D.2d 303, 598 N.Y.S.2d 226, Counsel Stack Legal Research, https://law.counselstack.com/opinion/muss-v-city-of-new-york-nyappdiv-1993.

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