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RUSSO v. UNITED FEDN. OF TEACHERS

100394/18. Appeal No. 12654. Case No. 2019-5450.

189 A.D.3d 562 (2020)

133 N.Y.S.3d 818

2020 NY Slip Op 07516

Anthony John Russo, Appellant, v. United Federation of Teachers et al., Respondents.

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

Decided December 15, 2020.

Attorney(s) appearing for the Case

Anthony John Russo, appellant pro se.

Lichten & Bright P.C., New York ( Stuart Lichten of counsel), for United Federation of Teachers, respondent.

James E. Johnson , Corporation Counsel, New York ( Diana Lawless of counsel), for New York City Department of Education, respondent.

Concur—Kapnick, J.P., Mazzarelli, Singh, Kennedy, JJ.

The complaint in this case points to UFT's alleged failure to properly represent plaintiff during his Education Law § 3020-a proceedings, which occurred no later than April 2012. Since the applicable statute of limitations was four months from the date the employee knew or should have known that such breach occurred, and this action was commenced in March 2018, it was untimely (CPLR 217[a]). Characterizing a claim for breach of the duty of fair representation as one...

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