Opinion
(1369) CA 01-01005.
November 9, 2001.
(Appeal from Judgment of Supreme Court, Yates County, Falvey, J. — CPLR art 78.)
PRESENT: GREEN, J.P., HAYES, SCUDDER, KEHOE AND BURNS, JJ.
Judgment unanimously affirmed without costs.
Memorandum:
Supreme Court properly granted respondents' motion to dismiss the petition as time-barred. The determination terminating petitioner's employment was final and binding on September 22, 1999. This proceeding, commenced in August 2000, is barred by the four-month limitations period provided in CPLR 217 ( see, Matter of Malloy v. New York City Health Hosps. Corp., 208 A.D.2d 542, lv denied 84 N.Y.2d 812; Matter of Bevins v. Burgher, 83 A.D.2d 662).