Opinion
April 25, 1994
Appeal from the Supreme Court, Queens County (Dunkin, J.).
Ordered that the order is modified, by adding, after the words "motion is denied" the words "as unnecessary"; as so modified, the order is affirmed, without costs or disbursements.
General Municipal Law § 50-i is not applicable to the instant action (see, Simpson v New York City Tr. Auth., 188 A.D.2d 522, 523; see also, Mills v County of Monroe, 89 A.D.2d 776, affd 59 N.Y.2d 307, cert denied 464 U.S. 1018); therefore, no notice of claim was required as a condition precedent to its commencement.
We further note that the commencement of the instant action to recover damages for unlawful discriminatory practices under Executive Law § 296 is governed by the three-year Statute of Limitations prescribed in CPLR 214 (2) (see, Koerner v State of New York, 62 N.Y.2d 442; Stoetzel v Wappingers Cent. School Dist., 166 A.D.2d 643; Mills v County of Monroe, supra; Ramos v New York City Police Dept., 127 Misc.2d 872), and the plaintiff here filed his complaint within the three-year limitations period. Sullivan, J.P., Lawrence, Pizzuto, Joy and Goldstein, JJ., concur.