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28 May 2015, 6:00 am by The Public Employment Law Press
" Indeed, in Kahn v New York City Department of Education 79 AD3d 52, the Appellate Division held that the statute of limitations for initiating a lawsuit is not tolled by the individual’s pursuing his or her opportunity to seek an administrative review of the determination.In contrast to the legal impact of an individual merely submitting a "request for reconsideration," should the administrative actually agree to reconsider the matter and issue a… [read post]
15 May 2015, 1:35 pm by Bonny Rafel
This seminal opinion highlights the fact that tolling cannot be used as a post hoc justification for delay; and it follows Tomassi v. [read post]
15 May 2015, 9:35 am by Bonny Rafel
This seminal opinion highlights the fact that tolling cannot be used as a post hoc justification for delay; and it follows Tomassi v. [read post]
12 May 2015, 6:30 am by The Public Employment Law Press
”The Appellate Division explained that Retiree’s many efforts to get TRS to rectify its purported error were, in effect, “requests for reconsideration, which do not serve to toll the statute of limitations,” citing Cauldwest Realty Corp. v City of New York, 160 AD2d 489. [read post]
11 May 2015, 6:00 am by Michael Risch
I've known this since I was shocked to read Walkovszky v. [read post]
28 Apr 2015, 1:41 pm by Jon Sands
All the while, counsel was assuring the petitioner that his rights were being protected.The district court appointed new counsel to represent the petitioner, who sought equitable tolling necessary to render the new petition timely. [read post]
28 Apr 2015, 12:07 pm
Wiseman here, who made mistakes, eventually seemed to realize them, and then  "request[ed] that the court appoint new counsel for Luna, candidly acknowledging that Luna might wish to seek equitable tolling on the basis of Wiseman’s handling of the case. [read post]
28 Apr 2015, 8:21 am by Tara Hofbauer
” The New York Times reports that, following the massive earthquake that rocked Nepal over the weekend, the official death toll has topped 4,000 people. [read post]