Knavel v. West Seneca Central School District

Peradotto, J.P.

(concurring). I agree with petitioners that Supreme Court erred in granting respondents’ pre-answer cross motion to dismiss the petition as time-barred and denying as moot petitioners’ motion for leave to amend the petition. However, inasmuch as my rationale for reaching that conclusion differs from the plurality, I concur in the result only.

There is no dispute that this CPLR article 78 proceeding is governed by the statute of limitations period set forth in CPLR 217 (1), which requires that a petitioner commence the proceeding “ ‘within four months after the determination to…