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Property Clerk, New York City Police Department, Appellant, v. Roy G. Ford, Respondent

New York Supreme Court, Appellate Division2012-02-02
92 A.D.3d 401937 N.Y.S.2d 584

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Opinion

majority opinion

Plaintiff failed to complete service of process within 15 days after the expiration of the 25-day statute of limitations set forth in 38 RCNY 12-36 (a). Nor did it explain its late service or seek an extension of time for service. Accordingly, the court properly dismissed this action (see CPLR 306-b).

As is clear, contrary to plaintiffs contention, the 25-day period prescribed in 38 RCNY 12-36 (a) is a statute of limitations for the purposes of CPLR 306-b (see Property Clerk, N.Y. City Police Dept. v Smith, 62 AD3d 486 [2009]; Property Clerk, N.Y. City Police Dept. v Seroda, 131 AD2d 289 [1987]).

We have considered plaintiffs remaining contentions and find them unavailing. Concur — Gonzalez, P.J., Saxe, Moskowitz, Acosta and Freedman, JJ. [Prior Case History: 30 Misc 3d 301.]