Appellate Division of the Supreme Court of New York, 2012

Property Clerk, New York City Police Department v. Ford

Appellate Division of the Supreme Court of New York · Decided February 2, 2012

92 A.D.3d 401; 937 N.Y.2d 584

Cases that cite this one

1 later published case cites this decision.

Property Clerk, New York City Police Department v. Hylor (Appellate Division of the Supreme Court of New York 2017)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

*402Plaintiff 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.]

Case-law data current through September 30, 2026. Source: CourtListener bulk data.