Opinion
February 4, 1993
Appeal from the Supreme Court, New York County (Jerome Hornblass, J.).
On August 3, 1990, the New York City Employees' Retirement System (NYCERS) Board determined that petitioner's request for service credit was without legal basis. That determination was final and binding upon petitioner and commenced the running of the four month period of limitations (see, Matter of Edmead v McGuire, 67 N.Y.2d 714). While petitioner continued corresponding with various agencies and individuals after he received the August 3, 1990 determination of the NYCERS Board, that did not extend or toll his time to initiate an article 78 proceeding (see, Matter of Cauldwest Realty Corp. v City of New York, 160 A.D.2d 489; Matter of Lubin v Board of Educ., 60 N.Y.2d 974). Since he failed to commence the article 78 proceeding within four months after being notified of the August 3, 1990 determination, which was "final and binding" upon him, the proceeding was properly dismissed (CPLR 217).
Concur — Milonas, J.P., Ross, Asch and Rubin, JJ.