Opinion
May 11, 1995
Appeal from the Supreme Court, New York County (Lorraine Miller, J.).
Petitioner's article 78 proceeding was untimely commenced when the Clerk of the court received his petition almost five months after the denial of his administrative appeal was communicated to him by letter, and not, as he claims, when he allegedly mailed the petition to the Clerk more than three months earlier (Enos v City of Rochester, 206 A.D.2d 159).
Concur — Sullivan, J.P., Rosenberger, Wallach, Kupferman and Asch, JJ.