Colon v. State Insurance Fund

Full title: JOSE COLON et al., Appellants, v. STATE INSURANCE FUND, Respondent

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 15, 1997

245 A.D.2d 413 (N.Y. App. Div. 1997)

666 N.Y.S.2d 473

Opinion

December 15, 1997

Appeal from the Supreme Court, Orange County (Peter C. Patsalos, J.).

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that the issues presented in this declaratory judgment action should have been raised in a proceeding pursuant to CPLR article 78 ( see, CPLR 7803; Matter of Save the Pine Bush v. City of Albany, 70 N.Y.2d 193; Solnick v. Whalen, 49 N.Y.2d 224). Since this action was commenced more than four months after the determination at issue, the complaint was properly dismissed as time-barred ( see, Solnick v. Whalen, supra, at 229-230).

Bracken, J. P., Pizzuto, Altman, Krausman and Lerner, JJ., concur.