Legal Opinion

Property Clerk, New York City Police Department v. Ford

Appellate Division of the Supreme Court of the State of New York

Decided February 2, 2012PublishedCited by 1 opinion

1Opinion of the Court

*402Plaintiff failed to complete service of process within 15 days after the expiration of the 25-day statute of limitations set forth in 38 RCNY 12-36 (a). Nor did it explain its late service or seek an extension of time for service. Accordingly, the court properly dismissed this action (see CPLR 306-b).

As is clear, contrary to plaintiffs contention, the 25-day period prescribed in 38 RCNY 12-36 (a) is a statute of limitations for the purposes of CPLR 306-b (see Property Clerk, N.Y. City Police Dept. v Smith, 62 AD3d 486 [2009]; Property Clerk, N.Y. City Police Dept. v Seroda, 131 AD2d 289…

2Cases cited3 opinions

  1. Property Clerk, New York City Police Department v. SerodaAppellate Division of the Supreme Court of the State of New York · 1987
  2. Property Clerk, New York City Police Department v. SmithAppellate Division of the Supreme Court of the State of New York · 2009
  3. Property Clerk v. FordNew York Supreme Court · 2010

3Cited by1 opinion

  1. Property Clerk, New York City Police Department v. HylorAppellate Division of the Supreme Court of the State of New York · 2017

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