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IN THE MATTER OF JOHNSON v. CIVILIAN COMPLAINT REVIEW BOARD

30 A.D.3d 201 (2006)

817 N.Y.S.2d 17

In the Matter of CHRISTOPHER JOHNSON, Appellant, v. CIVILIAN COMPLAINT REVIEW BOARD, Respondent.

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

June 13, 2006.

Although the petition was brought well beyond the applicable four-month limitation period (see CPLR 217; Matter of Edmead v McGuire, 67 N.Y.2d 714, 716 [1986]), respondent waived the statute of limitations defense by failing to interpose it in its answer or in a pre-answer motion to dismiss (see CPLR 3211 [e]; Dougherty v City of Rye, 63 N.Y.2d 989, 991-992 [1984]). Nonetheless...

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