Opinion
April 22, 1996
Appeal from the Supreme Court, Nassau County (Ain, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
Since the plaintiffs commenced this action after the expiration of the applicable limitations period ( see, Public Authorities Law § 1276), the Supreme Court properly granted the defendants' motion to dismiss the complaint ( see, Burgess v Long Is. R.R. Auth., 79 N.Y.2d 777). Contrary to the plaintiffs' contention, the defendants' service of a notice for an oral examination of the plaintiffs did not toll the limitations period ( see, Rose v. Metro N. Commuter R.R., 143 A.D.2d 993, 994; Simon v. Capital Dist. Transp. Auth., 95 A.D.2d 902; see also, Stillman v. New Jersey Tr., 224 A.D.2d 348). Balletta, J.P., Thompson, Santucci and Florio, JJ., concur.