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Minto v. County of Suffolk

Appellate Division of the Supreme Court of New York, Second Department
Mar 13, 1989
148 A.D.2d 508 (N.Y. App. Div. 1989)

Opinion

March 13, 1989

Appeal from the Supreme Court, Suffolk County (Underwood, J.).


Ordered that the judgment is affirmed, with costs.

The plaintiff commenced the instant action to redress allegedly improper treatment at the hands of his employer, the defendant County of Suffolk (hereinafter the county). The county moved to dismiss the complaint on the grounds, inter alia, of the Statute of Limitations and failure to state a cause of action. The Supreme Court, Suffolk County, granted the motion. We affirm.

Insofar as the plaintiff claims that the county unlawfully terminated a purported employment agreement with him in 1978, the claim is time barred. The six-year limitations period of CPLR 213 (2) is applicable to actions sounding in breach of contract. Inasmuch as the instant action was not commenced until 1986, the plaintiff's 1978 contractual claim is clearly untimely.

Similarly unavailing is the plaintiff's claim that the parties entered into another employment agreement in 1980 which was subsequently breached by the county. The documentary evidence submitted by the plaintiff does not support his contention that any agreement was ever reached with the county. Accordingly, the complaint failed to state a cause of action with respect to this claim.

The complaint also fails to state a cause of action with regard to the plaintiff's apparent claim that the county's actions violated his Federal and State constitutional and statutory rights. Furthermore, insofar as the plaintiff claims a violation of his civil rights pursuant to 42 U.S.C. § 1983, the claim is untimely (see, Giovannetti v. Dormitory Auth., 115 A.D.2d 851, affd 69 N.Y.2d 621).

Finally, the plaintiff's claims regarding alleged errors made by various administrative officers and bodies in construing, applying and administering the civil service laws are also untimely, as challenges to administrative determinations are governed by the four-month limitations period of CPLR 217. Mollen, P.J., Eiber, Sullivan and Harwood, JJ., concur.


Summaries of

Minto v. County of Suffolk

Appellate Division of the Supreme Court of New York, Second Department
Mar 13, 1989
148 A.D.2d 508 (N.Y. App. Div. 1989)
Case details for

Minto v. County of Suffolk

Case Details

Full title:JOHN R. MINTO, Appellant, v. COUNTY OF SUFFOLK, Respondent

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

Date published: Mar 13, 1989

Citations

148 A.D.2d 508 (N.Y. App. Div. 1989)