IN RE: Karina FLORES-GRGAS (2025)

Judgment (denominated an order) of the Supreme Court, New York County (Nicholas W. Moyne, J.), entered on or about July 31, 2024, denying the petition to challenge a determination by respondent the New York State Office of Children and Family Services (OCFS) dated May 1, 2023, declining to amend and seal indicated reports maintained by the New York State Central Register of Child Abuse and Maltreatment (SCR), and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.

Petitioner commenced this proceeding to review a determination of OCFS, denying her application to amend three indicated reports made to SCR. OCFS answered the petition, asserting, among other things, that Supreme Court lacked personal jurisdiction over it because petitioner failed to timely serve it with the petition under CPLR 306–b.

CPLR 306–b provides that, in a proceeding “where the applicable statute of limitations is four months or less, service [of the petition with a notice of petition or order to show cause] shall be made not later than fifteen days after the date on which the applicable statute of limitations expires.”  “If service is not made upon a [respondent] within the time provided in this section, the court, upon motion, shall dismiss the [proceeding] without prejudice as to that [respondent], or upon good cause shown or in the interest of justice, extend the time for service” (id.).

Here, Supreme Court correctly dismissed the petition for lack of personal jurisdiction, as petitioner did not serve OCFS within 15 days of the expiration of the four-month statute of limitations (see CPLR 217[1], 306–b;  see also Matter of McCoy v. New York State Off. Of Children & Family Servs., 222 A.D.3d 649, 650, 202 N.Y.S.3d 204 [2d Dept. 2023]).  Though petitioner's initial article 78 petition was timely, it was dismissed for improper service.  Petitioner cannot revive those claims in her subsequent article 78 petition and seek an extension of time to effect service, where the statute of limitations has since expired (see Khedouri v. Equinox, 73 A.D.3d 532, 533, 901 N.Y.S.2d 221 [1st Dept. 2010]).

Petitioner also failed to show that there was otherwise good cause to grant her an extension of time to serve OCFS, or that an extension was warranted in the interest of justice (see id. at 532, 901 N.Y.S.2d 221;  see e.g. Goldstein Group Holding, Inc. v. 310 E. 4th St. Hous. Dev. Fund Corp., 154 A.D.3d 458, 62 N.Y.S.3d 105 [1st Dept. 2017]).  OCFS's determination that petitioner is collaterally estopped from disputing the SCR reports has a substantial basis in the record (see Matter of Adalisa R. v. New York State Off. of Children & Family Servs., 190 A.D.3d 436, 436–437, 138 N.Y.S.3d 45 [1st Dept. 2021]).