Opinion
9580 Index 156160/16
06-11-2019
In re Antonio IRACE, Petitioner-Appellant, v. Tony WILLIAMS, etc., et al., Respondents-Respondents.
Law Offices of Lee M. Nigen, Lake Success (Lee M. Nigen of counsel), for appellant. Zachary W. Carter, Corporation Counsel, New York (Claibourne Henry of counsel), for respondents.
Law Offices of Lee M. Nigen, Lake Success (Lee M. Nigen of counsel), for appellant.
Zachary W. Carter, Corporation Counsel, New York (Claibourne Henry of counsel), for respondents.
Renwick, J.P., Manzanet–Daniels, Gesmer, Kern, Singh, JJ.
An article 78 proceeding challenging a petitioner's termination from government employment must be brought within four months from the date the termination becomes final and binding ( CPLR 217(1) ; Matter of Zarinfar v. Board of Educ. of the City School Dist. of the City of N.Y., 93 A.D.3d 466, 939 N.Y.S.2d 702 [1st Dept. 2012] ). We reject petitioner's argument that he was entitled to the longer limitations period available under Family Medical Leave Act (FMLA), since the crux of petitioner's proceeding was to challenge and seek redress for the administrative decision to fire him, and not to make a claim under the FMLA (see Amaranth LLC v. J.P. Morgan Chase & Co., 71 A.D.3d 40, 47, 888 N.Y.S.2d 489 [1st Dept. 2009], lv dismissed in part, denied in part 14 N.Y.3d 736, 898 N.Y.S.2d 74, 925 N.E.2d 73 [2010] ).
We have considered petitioner's remaining contentions, and find them unavailing.