Legal Opinion
Moskowitz v. New York City Police Pension Fund
Appellate Division of the Supreme Court of the State of New York
Decided March 8, 2011PublishedCited by 7 opinions
1Opinion of the Court
In an article 78 proceeding for mandamus to compel, the fotirmonth statute of limitations runs from the date upon which the respondent agency refuses to act (see Austin v Board of Higher Educ. of City of N.Y., 5 NY2d 430, 441-442 [1959]; see also Ruskin Assoc., LLC v State of N.Y. Div. of Hous. & Community Renewal, 77 AD3d 401, 403 [2010]). By letter dated November 3, 2006, respondents refused to comply with petitioner’s demand that his pension be reinstated. Petitioner’s commencement of this proceeding on September 9, 2008 was thus untimely. Petitioner’s April 2007 request for…
2Cases cited3 opinions
- Austin v. Board of Higher EducationNew York Court of Appeals · 1959
- Lubin v. Board of EducationNew York Court of Appeals · 1983
- Ruskin Associates, LLC v. State of New York Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 2010
3Cited by7 opinions
- Matter of Thomas v. New York City Employees' Retirement Sys.Appellate Division of the Supreme Court of the State of New York · 2020
- Shakuntala Devi Tika Gopaul v. New York City Employees' Retirement SystemAppellate Division of the Supreme Court of the State of New York · 2014
- Pettus v. New York State Insurance DepartmentAppellate Division of the Supreme Court of the State of New York · 2012
- Cowan v. KellyAppellate Division of the Supreme Court of the State of New York · 2011
- Clark v. Metropolitan Transportation AuthorityNew York Supreme Court · 2013
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