Opinion
March 19, 1992
Appeal from the Supreme Court, New York County (Karla Moskowitz, J.).
For purposes of CPLR 217, a determination becomes final and binding when the aggrieved party is notified (Matter of Edmead v McGuire, 67 N.Y.2d 714). We agree with the IAS court that petitioner received actual notice of the determination challenged here on December 20, 1989, more than four months before commencement of the proceeding. The notification received by petitioner denying him readmission to respondents' program did not serve to toll or revive the Statute of Limitations (cf., Gertler v Goodgold, 66 N.Y.2d 946).
Concur — Sullivan, J.P., Wallach, Asch, Kassal and Rubin, JJ.