Opinion
July 13, 1998
Appeal from the Supreme Court, Westchester County (Fredman, J.).
Ordered that the appeal from the order is dismissed, as no appeal lies as of right from an intermediate order in a proceeding pursuant to CPLR article 78; and it is further,
Ordered that the judgment is affirmed; and it is further,
Ordered that the respondents are awarded one bill of costs.
Upon correctly converting the within declaratory judgment action into a proceeding pursuant to CPLR article 78 ( cf., Town of Fishkill v. Royal Dutchess Props., 231 A.D.2d 511), the court properly dismissed the proceeding as time-barred under the applicable four-month limitations period ( see, CPLR 217; see, DiMiero v. Livingston-Steuben-Wyoming County Rd. of Coop. Educ. Servs., 199 A.D.2d 875, 877; see also, Matter of Holtzman v. Marrus, 74 N.Y.2d 865, 866; Lenihan v. City of New York, 58 N.Y.2d 679, 682; Matter of Wright v. Town Bd., 170 A.D.2d 912, 913).
In light of our determination, we need not reach the parties' remaining contentions.
Bracken, J. P., Pizzuto, Altman and Luciano, JJ., concur.