Opinion
December 9, 1999
Order of the Court of Claims of the State of New York, New York County (Alan Marin, J.), entered October 21, 1998, which granted defendant's motion for summary judgment dismissing claimant's claim that his liquor license was fraudulently canceled by the State Liquor Authority, unanimously affirmed, without costs.
Pro Se, Claimant-Appellant.
Gina M. Ciccone for Defendant-Respondent.
ROSENBERGER, J.P., TOM, MAZZARELLI, LERNER, RUBIN, JJ.
The claim for damages was properly dismissed on the ground that claimant's remedy for the fraudulent or otherwise illegal cancellation of his license is an article 78 proceeding (see,Fraccola v. State of New York, 35 Misc.2d 74), which remedy plaintiff had already unsuccessfully pursued (see, Parker v. Blauvelt Volunteer Fire Co., 93 N.Y.2d 343). We would add that claimant failed to file his claim timely, within 90 days of its accrual, as required by the Court of Claims Act § 10(3).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.