N.Y. Civil Practice Law & Rules Section 217
Proceeding against body or officer

  • actions complaining about conduct that would constitute a union’s breach of its duty of fair represen...
§ 217. Proceeding against body or officer; actions complaining about conduct that would constitute a union’s breach of its duty of fair representation; four months.

1.

Unless a shorter time is provided in the law authorizing the proceeding, a proceeding against a body or officer must be commenced within four months after the determination to be reviewed becomes final and binding upon the petitioner or the person whom he represents in law or in fact, or after the respondent’s refusal, upon the demand of the petitioner or the person whom he represents, to perform its duty; or with leave of the court where the petitioner or the person whom he represents, at the time such determination became final and binding upon him or at the time of such refusal, was under a disability specified in section 208, within two years after such time.

2.

(a) Any action or proceeding against an employee organization subject to article fourteen of the civil service law or article twenty of the labor law which complains that such employee organization has breached its duty of fair representation regarding someone to whom such employee organization has a duty shall be commenced within four months of the date the employee or former employee knew or should have known that the breach has occurred, or within four months of the date the employee or former employee suffers actual harm, whichever is later.

(b)

Any action or proceeding by an employee or former employee against an employer subject to article fourteen of the civil service law or article twenty of the labor law, an essential element of which is that an employee organization breached its duty of fair representation to the person making the complaint, shall be commenced within four months of the date the employee or former employee knew or should have known that the breach has occurred, or within four months of the date the employee or former employee suffers actual harm, whichever is later.

Source: Section 217 — Proceeding against body or officer; actions complaining about conduct that would constitute a union's breach of its duty of fair represen..., https://www.­nysenate.­gov/legislation/laws/CVP/217 (updated Sep. 22, 2014; accessed Apr. 27, 2024).

201
Application of article 202
Cause of action accruing without the state 203
Method of computing periods of limitation generally 204
Stay of commencement of action 205
Termination of action 205‑A
Termination of certain actions related to real property 206
Computing periods of limitation in particular actions 207
Defendant’s absence from state or residence under false name 208
Infancy, insanity 209
War 210
Death of claimant or person liable 211
Actions to be commenced within twenty years 212
Actions to be commenced within ten or fifteen years 213
Actions to be commenced within six years: where not otherwise provided for 213‑A
Residential rent overcharge 213‑B
Action by a victim of a criminal offense 213‑C
Action by victim of conduct constituting certain sexual offenses 213‑D
Actions to be commenced within three years 214
Actions to be commenced within three years: for non-payment of money collected on execution 214‑A
Action for medical, dental or podiatric malpractice to be commenced within two years and six months 214‑B
Action to recover damages for personal injury caused by contact with or exposure to phenoxy herbicides 214‑C
Certain actions to be commenced within three years of discovery 214‑D
Limitations on certain actions against licensed engineers and architects 214‑E
Action to recover damages for personal injury caused by the infusion of such blood products which result in the contraction of the human ... 214‑F
Action to recover damages for personal injury caused by contact with or exposure to any substance or combination of substances found with... 214‑G
Certain child sexual abuse cases 214‑H
Certain actions by public water suppliers to recover damages for injury to property 214‑I
Certain actions arising out of consumer credit transactions to be commenced within three years 214‑I*2
Action to recover damages for personal injury caused by contact with or exposure to toxic burn pits 214‑J
Certain sexual offense actions 215
Actions to be commenced within one year: against sheriff, coroner or constable 216
Abbreviation of period to one year after notice 217
Proceeding against body or officer 217‑A
Actions to be commenced within one year and ninety days 218
Transitional provisions
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Accessed:
Apr. 27, 2024

Last modified:
Sep. 22, 2014

§ 217’s source at nysenate​.gov

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