Opinion
March 29, 1995
Appeal from the Supreme Court, Kings County (Ramirez, J.).
Ordered that the judgment is reversed, on the law, with costs, the petition is denied, and the proceeding is dismissed on the merits.
The petitioner was discharged from his provisional employment on August 19, 1992. Accordingly, this CPLR article 78 proceeding, which was commenced on April 12, 1993, is time-barred (see, CPLR 217). In any event, as a provisional civil service employee, the petitioner was not entitled to a hearing or a statement of reasons for his discharge (see, Civil Service Law § 75; Matter of Preddice v. Callanan, 69 N.Y.2d 812, 814; Matter of Iritano v New York City Tr. Auth., 175 A.D.2d 918, 919; Matter of Romero v. Joseph, 169 A.D.2d 544; Hartley v. Human Resources Admin., 132 A.D.2d 699). Contrary to the petitioner's contention, Civil Service Law § 50 (4), which governs examinations and eligibility lists, has no application here. Rosenblatt, J.P., Miller, Lawrence and Florio, JJ., concur.