Matter of Fodera v. City of New York

Full title: In the Matter of MAX FODERA, Appellant, v. CITY OF NEW YORK et al.…

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

Date published: May 6, 1993

193 A.D.2d 406 (N.Y. App. Div. 1993)

597 N.Y.S.2d 66

Opinion

May 6, 1993

Appeal from the Supreme Court, New York County (Herman Cahn, J.).

Respondent agency's determination to reject petitioner's request for a lump-sum payment had "its impact" upon petitioner when he received the agency's letter returning the form he used to make such a request and advising him that it was "no longer required" to prepare a Managerial Lump-Sum Payment Plan because of his demotion to a non-managerial position (see, Matter of Edmead v McGuire, 67 N.Y.2d 714; Matter of Kurland v McLaughlin, 122 A.D.2d 947, 948). Since the proceeding was not commenced within four months thereafter, it was properly dismissed as time-barred (CPLR 217).

Concur — Ellerin, J.P., Ross, Asch, Kassal and Rubin, JJ.