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Matter of Magat v. County of Rockland

Appellate Division of the Supreme Court of New York, Second Department
Oct 18, 1999
265 A.D.2d 483 (N.Y. App. Div. 1999)

Summary

applying the rule in Immediate to find the defendant adequately pleaded the statute of limitations defense against plaintiff's Article 78 proceeding challenging the termination of his employment

Summary of this case from Dibiase v. Barber

Opinion

Submitted August 17, 1999

October 18, 1999

In a proceeding pursuant to CPLR article 78 to review a determination of the respondents, dated December 23, 1997, which, after a hearing, terminated his employment as a Corrections Officer, the petitioner appeals from (1) a judgment of the Supreme Court, Rockland County (Miller, J.).


ORDERED that the appeal from the order is dismissed, as no appeal lies from an order denying reargument; and it is further,

ORDERED that the judgment is affirmed; and it is further,

ORDERED that the respondents are awarded one bill of costs.

The Supreme Court correctly granted the respondents' motion to dismiss the proceeding as untimely because the petitioner commenced it one day after the four-month Statute of Limitations had expired (see, CPLR 217; Charwat v. Kustas, 233 A.D.2d 288, 289). Contrary to the petitioner's claim, the Supreme Court was without authority to extend the Statute of Limitations (see, CPLR 201; Bolovis v. Polis Contr. Corp., 235 A.D.2d 323; Matter of Cartwright v. Rose, 162 A.D.2d 451, 452; Roldan v. Allstate Ins. Co., 149 A.D.2d 20, 33). Moreover, the respondents sufficiently pleaded the Statute of Limitations as a defense (see, Immediate v. St. John's Queens Hosp., 48 N.Y.2d 671, 673).

S. MILLER, J.P., SULLIVAN, FRIEDMANN, and FEUERSTEIN, JJ., concur.


Summaries of

Matter of Magat v. County of Rockland

Appellate Division of the Supreme Court of New York, Second Department
Oct 18, 1999
265 A.D.2d 483 (N.Y. App. Div. 1999)

applying the rule in Immediate to find the defendant adequately pleaded the statute of limitations defense against plaintiff's Article 78 proceeding challenging the termination of his employment

Summary of this case from Dibiase v. Barber
Case details for

Matter of Magat v. County of Rockland

Case Details

Full title:IN THE MATTER OF ROY MAGAT, appellant, v. COUNTY OF ROCKLAND, et al.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 18, 1999

Citations

265 A.D.2d 483 (N.Y. App. Div. 1999)
697 N.Y.S.2d 114

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