N.Y. CPLR § 217

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 217 Proceeding against body or officer; actions complaining aboutconduct that would constitute a union's breach of its duty § 217. Proceeding against body or officer; actions complaining aboutconduct that would constitute a union's breach of its duty of fairrepresentation; four months. 1. Unless a shorter time is provided inthe law authorizing the proceeding, a proceeding against a body orofficer must be commenced within four months after the determination tobe reviewed becomes final and binding upon the petitioner or the personwhom 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, toperform its duty; or with leave of the court where the petitioner or theperson whom he represents, at the time such determination became finaland binding upon him or at the time of such refusal, was under adisability specified in section 208, within two years after such time.2. (a) Any action or proceeding against an employee organizationsubject to article fourteen of the civil service law or article twentyof the labor law which complains that such employee organization hasbreached its duty of fair representation regarding someone to whom suchemployee organization has a duty shall be commenced within four monthsof the date the employee or former employee knew or should have knownthat the breach has occurred, or within four months of the date theemployee or former employee suffers actual harm, whichever is later.(b) Any action or proceeding by an employee or former employee againstan employer subject to article fourteen of the civil service law orarticle twenty of the labor law, an essential element of which is thatan employee organization breached its duty of fair representation to theperso rticle fourteen of the civil service law orarticle twenty of the labor law, an essential element of which is thatan employee organization breached its duty of fair representation to theperson making the complaint, shall be commenced within four months ofthe date the employee or former employee knew or should have known thatthe breach has occurred, or within four months of the date the employeeor former employee suffers actual harm, whichever is later.