MEYER v. FRANK

No. 66, Docket 76-7172.

550 F.2d 726 (1977)

Walter J. MEYER, Plaintiff-Appellant, v. Louis J. FRANK, Commissioner of Police, Nassau County Police Department, and Christopher Quinn, Trial Commissioner and Inspector, Nassau County Police Department, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 12, 1977.


Attorney(s) appearing for the Case

Ira Leitel, New York City (David B. Ampel, New York City, on the brief), for plaintiff-appellant.

Joseph A. Demaro, Deputy County Atty. of Nassau County, Mineola, N. Y. (James M. Catterson, Jr., County Atty. of Nassau County, Natale C. Tedane, Senior Deputy County Atty., and Kenneth P. Morelli, Law Asst., Mineola, N. Y., on the brief), for defendants-appellees.

Before SMITH, OAKES and TIMBERS, Circuit Judges.


TIMBERS, Circuit Judge:

The question presented on this appeal is whether in a civil rights action under Sections 1983 and 1985 the applicable three year New York statute of limitations should be tolled during the period plaintiff pursued a remedy in the New York state courts. Under the circumstances of this case, we hold that it should not. Accordingly, we affirm the judgment of the district court which dismissed the complaint as time-barred.

I.

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