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Matter of Edmead v. McGuire

Court of Appeals of the State of New York
Feb 11, 1986
67 N.Y.2d 714 (N.Y. 1986)

Summary

In Edmead, the Court of Appeals stated that, "where the [administrative] determination is unambiguous and its effect certain, the statutory period commences as soon as the aggrieved party is notified" (id.).

Summary of this case from Turcsik v. Griffin

Opinion

Decided February 11, 1986

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Irving Kirschenbaum, J.

James M. Wright for appellant.

Frederick A.O. Schwarz, Jr., Corporation Counsel (Karen Hutson of counsel), for respondents.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

We agree with the Appellate Division that the determination of the Board of Trustees became "final and binding" (CPLR 217) and, therefore, that the four-month limitation period commenced to run, on the date petitioner was notified of the Board's decision. A challenged determination is final and binding when it "has its impact" upon the petitioner who is thereby aggrieved (Mundy v Nassau County Civ. Serv. Commn., 44 N.Y.2d 352, 357; see also, Matter of Biondo v State Bd. of Parole, 60 N.Y.2d 832, 834; Matter of Martin v Ronan, 44 N.Y.2d 374, 380-381; Matter of Queensborough Community Coll. v State Human Rights Appeal Bd., 41 N.Y.2d 926). The limitations period does not commence to run where the agency has created the impression that the determination, albeit issued, was intended to be nonconclusive (see, Mundy v Nassau County Civ. Serv. Commn., supra, p 358; Matter of Castaways Motel v Schuyler, 24 N.Y.2d 120, 126). However, where the determination is unambiguous and its effect certain, the statutory period commences as soon as the aggrieved party is notified (see, Matter of Biondo v State Bd. of Parole, supra, p 834). Contrary to petitioner's contention, the time limitation is not somehow tolled until the action directed by the determination has already been taken (Matter of Queensborough Community Coll. v State Human Rights Appeal Bd., supra; see also, Matter of Allstate Ins. Co. v Stewart, 29 N.Y.2d 925, affg 36 A.D.2d 811).

Here, although petitioner's actual retirement was delayed until October 27, 1982 when his terminal leave was exhausted, the impact of the determination on the date of its issuance and petitioner's notification thereof, September 8, 1982, was in no way rendered tentative, uncertain or otherwise less final and binding. Consequently, the statutory period commenced on September 8, 1982, and the proceeding, commenced more than five months later, on February 18, 1983, was correctly dismissed by the Appellate Division as untimely.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed, with costs, in a memorandum.


Summaries of

Matter of Edmead v. McGuire

Court of Appeals of the State of New York
Feb 11, 1986
67 N.Y.2d 714 (N.Y. 1986)

In Edmead, the Court of Appeals stated that, "where the [administrative] determination is unambiguous and its effect certain, the statutory period commences as soon as the aggrieved party is notified" (id.).

Summary of this case from Turcsik v. Griffin

In Edmead, the petitioner knew the determination to retire him was final and, indeed, he went through retirement processing.

Summary of this case from Matter of Janke v. Community School Board

In Matter of Edmead v. McGuire (67 N.Y.2d 714, 716), the Court of Appeals stated that "where the determination is unambiguous and its effect certain, the statutory period commences as soon as the aggrieved party is notified".

Summary of this case from Matter of Allied Sanitation, Inc. v. Aponte

In Edmead v. McGuire (490 N.E.2d 853, 854), in language similar to the First Department's articulation of the standard in Rocco, the Court of Appeals identifies an administrative determination as having become final and binding when it "has impact upon the petitioner who is thereby aggrieved" (Id.) and more recently it clarifies that "... the statutory period does not run until the aggrieved party is notified of the final and binding determination and that determination has an impact on the aggrieved party."

Summary of this case from In re Vilfort v. N.Y.C. Dept. of Edu.

In Matter of Edmead v. McGuire, 67 NY2d 714, 716, the Court of Appeals explained that "where the determination is unambiguous and its effect certain, the statutory period commences as soon as the aggrieved party is notified."

Summary of this case from IN RE APPL. OF R.S. v. MASSAPEQUA UN FREE SCH DIST
Case details for

Matter of Edmead v. McGuire

Case Details

Full title:In the Matter of NILES A. EDMEAD, Appellant, v. ROBERT J. McGUIRE, as…

Court:Court of Appeals of the State of New York

Date published: Feb 11, 1986

Citations

67 N.Y.2d 714 (N.Y. 1986)
499 N.Y.S.2d 934
490 N.E.2d 853

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