Adler v. New York State Teachers' Retirement System
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal from a judgment of the Supreme Court (Prior, Jr., J.), entered October 17, 1991 in Albany County, which, in a proceeding pursuant to CPLR article 78, dismissed the petition as time barred.
When petitioner received respondent’s letter dated September 18, 1990 informing him what his final retirement benefits would be, the letter constituted a final and binding determination so as to commence the running of the four-month Statute of Limitations (see, CPLR 217, 7801). The fact that petitioner’s attorney requested respondent to recalculate petitioner’s re*733tirement allowance did not, as…
2Cases cited7 opinions
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- Filut v. New York State Education DepartmentAppellate Division of the Supreme Court of the State of New York · 1982
- Miller v. New York State Teachers' Retirement SystemAppellate Division of the Supreme Court of the State of New York · 1990
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3Cited by7 opinions
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- Thompson v. New York State Teachers' Retirement SystemAppellate Division of the Supreme Court of the State of New York · 2010
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