Legal Opinion
Nelson's Lamp Lighters, Inc. v. New York State Department of Labor
Appellate Division of the Supreme Court of the State of New York
Decided December 30, 1999No. Appeal No. 1Published
1Opinion of the Court
*938(7). That period is directory, not mandatory, and thus delay beyond the six-month period, standing alone, does not warrant dismissal (see, Matter of Cayuga-Onondaga Counties Bd. of Coop. Educ. Servs. v Sweeney, 224 AD2d 989, affd 89 NY2d 395, rearg denied 89 NY2d 1031; see also, Matter of Meyers v Maul, 249 AD2d 796, lv denied 92 NY2d 807).
The contention that the claims of the Department are barred by the Statute of Limitations in CPLR 214 (2) was not raised at the agency level. Thus, administrative remedies have not been exhausted, and this Court has no discretionary power to reach that…
2Cases cited9 opinions
- Nelson v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1992
- MATTER OF HUGHES v. Suffolk County Dep't of Civil Serv.New York Court of Appeals · 1989
- Corning Glass Works v. OvsanikNew York Court of Appeals · 1994
- Cayuga-Onondaga Counties Board of Cooperative Educational Services v. SweeneyNew York Court of Appeals · 1996
- MATTER OF DIAZ CHEM. CORP. v. New York State Div. of Human RightsNew York Court of Appeals · 1998
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