Opinion
April 26, 1999
Appeal from the Supreme Court, Suffolk County (D'Emilio, J.).
Ordered that the order is affirmed, with costs.
The plaintiffs motion for leave to amend her complaint to assert a cause of action alleging a violation of Executive Law § 296 (2) (a) was properly denied as it was made after the expiration of the three-year Statute of Limitations under CPLR 214 (2). Furthermore, the cause of action alleging a violation of Executive Law § 296 (2) (a) cannot relate back to the filing of the original complaint as that action was not timely commenced ( see, Maldonado v. Maryland Rail Commuter Serv. Admin., 239 A.D.2d 740, affd 91 N.Y.2d 467; Owens v. Palm Tree Nursing Home, 50 A.D.2d 865).
Mangano, P. J., Santucci, Krausman and Florio, JJ., concur.