MATTER OF JOHNSON v. NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM


277 A.D.2d 136 (2000)

717 N.Y.S.2d 102

In the Matter of THERESA E. S. JOHNSON, Appellant, v. NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided November 28, 2000.


Respondent's determination denying petitioner a disability retirement became final and binding, and thus the four-month Statute of Limitations in CPLR 217 began to run, on or about February 20, 1998, when, respondent, by letter, advised petitioner of the denial of her application. The proceeding, which was not commenced until on or about January 20, 1999, is therefore time-barred. Petitioner's second application, submitted July 16, 1998 without any new or additional evidence...

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