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.
§ 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.
Article 2. Limitations of Time · Last amended 1990 · Last verified July 21, 2026
In one sentenceCPLR 217 gives a petitioner four months to bring an Article 78 proceeding against a government body or officer after the challenged determination becomes final, and applies the same four-month deadline to claims that a public-sector union breached its duty of fair representation.
Full Text of CPLR 217
(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.
Plain-English Summary
Subdivision 1 sets the core Article 78 deadline: four months from when the determination being reviewed becomes final and binding on the petitioner, or from the respondent's refusal, on the petitioner's demand, to perform a duty. A petitioner under a disability listed in CPLR 208 can get up to two years to bring the proceeding with leave of court — a notably longer allowance than CPLR 208 itself grants for ordinary civil actions.
Subdivision 2 extends that same four-month period to two related claims involving public-sector unions governed by Civil Service Law Article 14 or Labor Law Article 20: a claim that the union breached its duty of fair representation to a member, and a claim against the employer where an essential element is that the union breached that same duty. Both versions of the claim run from when the employee or former employee knew or should have known the breach occurred, or suffered actual harm from it, whichever comes later.
The four-month period is markedly shorter than CPLR 214's ordinary three-year rule, reflecting the practical need for government and public-employment decisions to reach finality quickly. The deadline governs proceedings brought under Article 78's own provisions, and CPLR 208's disability exception supplies the only meaningful extension built into the section.
Frequently Asked Questions
How long do I have to bring an Article 78 proceeding in New York?
Four months from when the determination being reviewed becomes final and binding, or from the agency's refusal to perform its duty after a demand.
What if I had a legal disability, like being a minor, when the determination became final?
A court may grant leave to extend the deadline up to two years for a disability specified in CPLR 208.
What deadline applies to a claim that my union breached its duty of fair representation?
Four months, running from when the employee knew or should have known of the breach, or suffered actual harm from it, whichever is later.
Can I sue my employer over a union's breach of its duty of fair representation?
Yes, where that breach is an essential element of the claim against the employer, subject to the same four-month deadline that applies to a claim against the union itself.
Why is the deadline for challenging a government decision so much shorter than for an ordinary lawsuit?
Government and public-employment determinations benefit from prompt finality, which is why CPLR 217 sets a much shorter window than the three-year default in CPLR 214.
Advisory Committee Notes
This section is an adaptation of § 1286 of CPA, governing a proceeding under article 78 thereof. The bulk of CPA article 78 is contained in new CPLR article 78. Specification of the disabilities on the basis of which the court is permitted to extend the time for the commencement of the proceeding is omitted; in their place, reference is made to the disabilities specified in new CPLR § 208. This section is more restrictive than is § 208. It governs any proceeding under article 78 in which petitioner claims a disability.
Amendment History
Add, L 1962, ch 308, § 1, eff Sept 1, 1963; amd, L 1990, ch 467, § 1, eff July 11, 1990.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: Article 78 statute of limitations New Yorkfour month deadline to challenge a government decision NYduty of fair representation lawsuit New Yorkunion grievance lawsuit deadline New York public employee