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MATTER OF SIMON v. NEW YORK CITY TRANSIT AUTHORITY

34 A.D.3d 823 (2006)

825 N.Y.S.2d 522

In the Matter of TIBOR SIMON, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent.

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

Decided November 28, 2006.

Ordered that the judgment is affirmed, without costs or disbursements.

We affirm the denial of the petition and the dismissal of the proceeding on a different ground than that articulated by the Supreme Court. The proceeding should have been dismissed on the ground that it was barred by the four-month statute of limitations applicable to proceedings brought pursuant to CPLR article 78 (see CPLR 217 [1]). A proceeding pursuant to CPLR article 78 must be commenced...

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