Opinion
February 16, 1988
Appeal from the Surrogate's Court, Nassau County (Radigan, S.).
Ordered that the decree is affirmed insofar as appealed from, with costs payable by the appellant personally.
We find that the court properly held the subject claim to be barred by the six-year Statute of Limitations (see, CPLR 213). The cause of action accrued on August 9, 1978, the day after which the note became due (see, UCC 3-122 [a]). Since the claimant failed to commence the instant proceeding on or before August 9, 1984, his claim was properly dismissed as untimely.
We have examined the claimant's remaining contentions and find them to be without merit. Brown, J.P., Rubin, Eiber and Sullivan, JJ., concur.