Opinion
March 9, 1993
Appeal from the Supreme Court, New York County (Walter Schackman, J.).
Since respondent's refusal to accept petitioner's withdrawal of resignation was a discretionary act as to which petitioner was not entitled to a hearing, the proceeding is in the nature of mandamus to review (see, Matter of De Milio v. Borghard, 55 N.Y.2d 216), governed by a four-month period of limitations that began to run after respondent rejected petitioner's letter seeking to withdraw his earlier letter of resignation. Petitioner fails to demonstrate any misrepresentation by respondent that kept him from commencing this proceeding until a year after respondent's rejection letter, which would estop respondent from asserting the Statute of Limitations as a defense (cf., Robinson v. City of New York, 24 A.D.2d 260).
Concur — Ellerin, J.P., Kupferman, Ross and Kassal, JJ.