Matter of Newman v Fire Dept. of City of N.Y.

State: New York

Docket No: 2006 NY Slip Op 52348(U)

Case Date: 10/10/2006

Plaintiff: Matter of Newman

Defendant: Fire Dept. of City of N.Y.

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Decided on October 10, 2006
Supreme Court, New York County

112711/2005

For the Petitioner:
Reynold A. Mauro, Esq.
353 Veterans Memorial Hghwy
Commack NY 11725
631-543-3663
For the Respondent:

Michael A. Cardozo, Esq.
Corporation Counsel, City of New York
By: Jennaydra D. Clunis, Esq.
100 Church St.
New York NY 10007
2120788-8703
Paul George Feinman, J.
In this Article 78 proceeding, petitioner seeks an order reversing, rescinding, and annulling the March 1, 2004 agreement which he signed, pursuant to CPLR 7803 (3). Respondent cross-moves to dismiss the petition on the ground that it is time-barred, fails to state a cause of action, and lacks subject matter jurisdiction. For the reasons which follow, the cross-motion is granted, and the petition is dismissed.
Factual and Procedural Background
According to the verified petition, petitioner is a former employee of respondent Fire Department of the City of New York (FDNY) (Ver. Pet.

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