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Matter of Colon v. N.Y. City Transit Police

Appellate Division of the Supreme Court of New York, Second Department
Nov 18, 1985
114 A.D.2d 956 (N.Y. App. Div. 1985)

Opinion

November 18, 1985

Appeal from the Supreme Court, Kings County (Dowd, J.).


Judgments affirmed, with one bill of costs to respondent.

The instant petitions seeking the petitioners' reinstatement to positions as New York City Transit Police officers were properly dismissed on the ground that they were time barred pursuant to CPLR 217. Special Term properly determined that the petitioners were advised of the initial 18-month probationary period within a week of their appointments in January and February 1982, respectively, when they received the Transit Police Academy students guide, and that any challenge to the validity of the 18-month period had to have been commenced within four months after they were so informed. Special Term also properly determined that the petitioners' challenge to the respondent's six-month extension of their probation period was also barred by the Statute of Limitations, inasmuch as the extension occurred in July and August 1983, and petitioners did not commence the instant proceedings until March 1984 (see, Matter of Martin v Ronan, 44 N.Y.2d 374). O'Connor, J.P., Niehoff, Lawrence and Kooper, JJ., concur.


Summaries of

Matter of Colon v. N.Y. City Transit Police

Appellate Division of the Supreme Court of New York, Second Department
Nov 18, 1985
114 A.D.2d 956 (N.Y. App. Div. 1985)
Case details for

Matter of Colon v. N.Y. City Transit Police

Case Details

Full title:In the Matter of IVAN COLON et al., Appellants, v. NEW YORK CITY TRANSIT…

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

Date published: Nov 18, 1985

Citations

114 A.D.2d 956 (N.Y. App. Div. 1985)