Opinion
June 19, 1995
Appeal from the Supreme Court, Nassau County (Kutner, J.).
Ordered that the judgment is affirmed, with costs payable to the respondent Symbol Technologies, Inc.
The determination of the New York State Division of Human Rights that the petitioner's complaint was time-barred is not arbitrary and capricious or an abuse of discretion (see, CPLR 7803; see also, Executive Law § 298). The record clearly establishes that the complaint was untimely under the one-year Statute of Limitations found in Executive Law § 297 (5) because it was filed more than one year after the petitioner had been terminated by the respondent Symbol Technologies, Inc. The petitioner's subsequent attempts to compel Symbol Technologies, Inc., to reconsider his termination and to reinstate him did not toll the Statute of Limitations (see, Matter of De Milio v Borghard, 55 N.Y.2d 216; Aranoff v. Fordham Univ., 171 A.D.2d 434).
The petitioner's remaining contentions are without merit. Bracken, J.P., Balletta, Rosenblatt and Altman, JJ., concur.