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MATTER OF LYNCH v. CITY OF NEW YORK

13046, 103391/12

120 A.D.3d 1146 (2014)

993 N.Y.S.2d 28

2014 NY Slip Op 06533

In the Matter of JOHN J. LYNCH, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided September 30, 2014.

The motion court erred in finding that the petition was not filed within the four month statute of limitations applicable to article 78 proceedings (see CPLR 217[1]). There were two components to the "actual, concrete injury" (see Matter of Best Payphones, Inc. v Department of Info. Tech. & Telecom. of City of N.Y., 5 N.Y.3d 30, 34 [2005]) giving rise to petitioner's claim that respondents improperly determined that his...

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