Opinion
June 18, 1999
Appeal from Judgment of Supreme Court, Erie County, Fahey, J. — CPLR art 78.
PRESENT: GREEN, J. P., LAWTON, PIGOTT, JR., CALLAHAN AND BALIO, JJ.
Judgment unanimously affirmed without costs. Memorandum: Supreme Court properly dismissed this CPLR article 78 proceeding as time-barred (see, CPLR 217). The Statute of Limitations began to run when petitioner was removed from the Erie County Lawyer Referral Service panel in 1994 (see, New York State Assn. of Counties v. Axelrod, 78 N.Y.2d 158, 165-166; Egan v. Niagara Mohawk Power Corp., 214 A.D.2d 850, 852, lv denied 86 N.Y.2d 705), and was not tolled by petitioner's subsequent request for reinstatement (see, Concourse Nursing Home v. Perales, 219 A.D.2d 451, 453, lv denied 87 N.Y.2d 812, cert denied 519 U.S. 863; Matter of Gonzalez v. New York State Dept. of Correctional Servs., 181 A.D.2d 1011, 1012, lv denied 80 N.Y.2d 754). In light of our determination, we need not reach the remaining issues.