Opinion
May 6, 1993
Appeal from the Supreme Court, New York County (Herman Cahn, J.).
Respondent agency's determination to reject petitioner's request for a lump-sum payment had "its impact" upon petitioner when he received the agency's letter returning the form he used to make such a request and advising him that it was "no longer required" to prepare a Managerial Lump-Sum Payment Plan because of his demotion to a non-managerial position (see, Matter of Edmead v McGuire, 67 N.Y.2d 714; Matter of Kurland v McLaughlin, 122 A.D.2d 947, 948). Since the proceeding was not commenced within four months thereafter, it was properly dismissed as time-barred (CPLR 217).
Concur — Ellerin, J.P., Ross, Asch, Kassal and Rubin, JJ.