Opinion
December 27, 2000.
Appeal from Order and Judgment of Supreme Court, Monroe County, Bergin, J. — Dismiss Pleading.
PRESENT: PIGOTT, JR., P.J., GREEN, PINE, KEHOE AND BALIO, JJ.
Order and judgment unanimously affirmed without costs.
Memorandum:
Supreme Court properly granted defendant's motion to dismiss the complaint. A CPLR article 78 proceeding was the proper vehicle for challenging plaintiff 's dismissal from defendant's nursing program ( see, Maas v. Cornell Univ., 94 N.Y.2d 87, 92; Risley v. Rubin, 272 A.D.2d 198; see also, Grogan v. Saint Bonaventure Univ., 91 A.D.2d 855; Matter of Gray v. Canisius Coll. of Buffalo, 76 A.D.2d 30, 33), and any such challenge is time-barred because plaintiff failed to commence a proceeding within four months of his termination ( see, CPLR 217).