Opinion
January 25, 2001.
In a proceeding pursuant to CPLR article 78 to compel the respondent, inter alia, to reinstate the petitioner to the position of Assistant Head Custodian, the petitioner appeals from an order and judgment (one paper) of the Supreme Court, Nassau County (McCarty, J.), entered February 24, 2000, which, inter alia, granted that branch of the respondent's motion which was to dismiss the proceeding as time-barred, and dismissed the petition.
Wolin Wolin, Jericho, N.Y. (Alan E. Wolin of counsel), for appellant.
Ingerman Smith, LLP, Northport, N.Y. (Anna M. Scricca of counsel), for respondent.
Before: GABRIEL M. KRAUSMAN, J.P., DANIEL F. LUCIANO, HOWARD MILLER, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the order and judgment is affirmed, with costs.
The Supreme Court properly held that the proceeding was untimely because it was commenced more than four months after the effective date of the petitioner's resignation (see, CPLR 217; Matter of Edmead v. McGuire, 67 N.Y.2d 714; Matter of Ward v. Bennett, 79 N.Y.2d 394; Matter of Lion Constr. Corp. v. New York State Dept. of Labor, 266 A.D.2d 394: Matter of Hanslmaier v. Wehr, 199 A.D.2d 754; Matter of Gonzalez v. New York State Dept. of Correctional Servs., 181 A.D.2d 1011; Matter of Smith v. Kunkel, 152 A.D.2d 893; Matter of Edelman v. Axelrod, 111 A.D.2d 468; Haberbush v. Christensen, 103 A.D.2d 996).
In light of our determination, we need not address the petitioner's remaining contentions.