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PROPERTY CLERK v. FORD

6695, 402262/09

92 A.D.3d 401 (2012)

937 N.Y.S.2d 584

2012 NY Slip Op 702

PROPERTY CLERK, NEW YORK CITY POLICE DEPARTMENT, Appellant, v. ROY G. FORD, Respondent.

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

Decided February 2, 2012.

Plaintiff failed to complete service of process within 15 days after the expiration of the 25-day statute of limitations set forth in 38 RCNY 12-36 (a). Nor did it explain its late service or seek an extension of time for service. Accordingly, the court properly dismissed this action (see CPLR 306-b).

As is clear, contrary to plaintiff's contention, the 25-day period prescribed in 38 RCNY 12-36 (a) is a statute of limitations for the purposes of CPLR 306-b...

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