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IN THE MATTER OF MAWN v. COUNTY OF SUFFOLK

17 A.D.3d 467 (2005)

792 N.Y.S.2d 341

In the Matter of TIMOTHY MAWN, Appellant, v. COUNTY OF SUFFOLK et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 11, 2005.

Ordered that the order and judgment is affirmed, with costs.

A proceeding pursuant to CPLR article 78 must be commenced within four months after the determination to be reviewed becomes final and binding upon the petitioner (see CPLR 217; cf. New York State Assn. of Counties v Axelrod, 78 N.Y.2d 158, 165 [1991]). Where, as here, an employee is not entitled to a hearing in...

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