Adler v. Education Department of New York

OAKES, Circuit Judge:

This appeal is yet another in a long line of cases involving what state statute of limitations should be employed in an action pursuant to a federal enactment without its own statute of limitations.1 The United States District Court for the Southern District of New York, Lee P. Gagliardi, Judge, held that this action pursuant to the Education of All Handicapped Children Act, 20 U.S.C. § 1415(e)(2) (1982) (“EAHCA”), was barred because it was not brought within the four-month statute of limitations set forth in N.Y.Civ.Prac.Law § 217 (McKinney 1972) (“CPLR”), as opposed to…