Opinion
March 12, 1991
Appeal from the Supreme Court, New York County (David B. Saxe, J.).
While the matter was timely brought because the statute of limitations ran from the date when petitioner first received notice of the determination (see, Matter of Biondo v New York State Bd. of Parole, 60 N.Y.2d 832, 834), the motion court properly dismissed the petition. Petitioner failed to name DHCR the agency which issued the adverse determination. Furthermore, the mere mailing of the petition to DHCR did not constitute effective service. (CPLR 403 [c]; 9 N.Y.CRR part 2530.)
Concur — Carro, J.P., Wallach, Ross, Kassal and Rubin, JJ.