Wednesday, June 17, 2015

Denial of an Article 78 petition.

Practice point:  The Appellate Division affirmed the denial of the petition to set aside CUNY's determination, dated January 12, 2012, dismissing petitioner from its law school.

The proceeding is untimely as it was commenced on June 25, 2012, more than four months after respondent's final and binding determination, pursuant to CPLR 217[1]).

Student note:  Contrary to petitioner's argument, her subsequent correspondences with respondent did not toll or recommence the statutory period.

Case:  Lopez v. CUNY, NY Slip Op 04927 (1st Dept. 2015)

Here is the decision.

Tomorrow's issue:  Operating a vehicle with the owner's consent, and leave to amend the complaint.