Opinion
September 22, 1992
Appeal from the Supreme Court, New York County (Martin B. Stecher, J.).
In 1986, petitioner passed a civil service examination for the position of sanitation worker and was placed on the eligible list. Subsequently, in May, 1989, he was disqualified from the list due to a "psychiatric disorder." It is undisputed that petitioner had suffered a nervous breakdown and received outpatient treatment for several years. After petitioner exhausted his administrative remedies, but before he commenced the instant proceeding, the eligible list expired.
We find that the IAS Court properly relied on Matter of Deas v Levitt ( 73 N.Y.2d 525, cert denied 493 U.S. 933), and case law from this Court (see generally, Matter of Hasenstab v McGuire, 178 A.D.2d 217, affd 80 N.Y.2d 812; Matter of Carchietta v Department of Personnel, 172 A.D.2d 304; Matter of Rigia v Koehler, 165 A.D.2d 525; Boasi v New York City Civ. Serv. Commn., 158 A.D.2d 318) in determining that petitioner's failure to commence this proceeding prior to expiration of the eligible list required dismissal.
Concur — Sullivan, J.P., Carro, Milonas, Wallach and Kupferman, JJ.