ADAMS v. CITY OF NEW YORK


271 A.D.2d 341 (2000)

707 N.Y.S.2d 73

STEVEN B. ADAMS, Appellant, v. CITY OF NEW YORK, Respondent. (Action No. 1.) JOHN HARRIGAN, Appellant, v. CITY OF NEW YORK, Respondent. (Action No. 2.)

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

Decided April 25, 2000.


Although pleaded as an action sounding in breach of contract to require the municipal respondent to adjust plaintiffs' salaries, the relief actually being sought is to compel respondent to discharge a duty in conformity with its personnel policies and procedures. As such, plaintiffs must invoke the procedural requirements of article 78. When the administrative determination is deemed final for purposes of commencement of the four-month Statute of Limitations turns on whether...

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