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MATTER OF ASTACIO v. BRATTON

2809, 100283/14.

146 A.D.3d 613 (2017)

2017 NY Slip Op 00411

44 N.Y.S.3d 761

In the Matter of RAFAEL ASTACIO, Petitioner, v. WILLIAM BRATTON, Police Commissioner of the City of New York and Chairman of the Board of Trustees of the Police Pension Fund, Article II, et al., Respondents.

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

Decided January 19, 2017.

Respondents have waived the defense of the statute of limitations by failing to interpose it in their answer or in a pre-answer motion to dismiss (see CPLR 3211 [a] [5]; [e]; Dougherty v City of Rye, 63 N.Y.2d 989, 991-992 [1984]; Matter of Johnson v Civilian Complaint Review Bd., 30 A.D.3d 201, 202 [1st Dept 2006]). Were it not for this waiver, the challenge to the Commissioner's...

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