Opinion
February 16, 2000
Appeal from Order of Supreme Court, Erie County, Mintz, J. — Summary Judgment.
PRESENT: GREEN, A. P. J., WISNER, PIGOTT, JR., HURLBUTT AND SCUDDER, JJ.
Order unanimously affirmed without costs.
Memorandum:
Supreme Court properly granted the motion of defendants for summary judgment dismissing the complaint. The complaint, wherein plaintiffs alleged that David E. Kowalczyk (plaintiff) was improperly terminated from his position in violation of his rights pursuant to the Civil Service Law, presents "'the classic formulation of an article 78 proceeding'" ( Broderick v. Board of Educ., 253 A.D.2d 836, 837, lv denied 93 N.Y.2d 802, quoting Foster v. City of New York, 157 A.D.2d 516, 518; Vanmaenen v. Hewlett-Woodmere Pub. Schools, 226 A.D.2d 151; Conklin v. Town of Ramapo, 214 A.D.2d 639, 640-641). This action, commenced more than four months after the termination of plaintiff's employment, is time-barred ( see, Broderick v. Board of Educ., supra, at 837; CPLR 217).