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RUBINO v. CITY OF NEW YORK

44 A.D.3d 537 (2007)

843 N.Y.S.2d 506

JOHN RUBINO, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided October 25, 2007.

The motion court properly deemed this action a CPLR article 78 proceeding and dismissed it based on the four-month statute of limitations in CPLR 217 (1) (see e.g. Foster v City of New York, 157 A.D.2d 516 [1990]). Contrary to plaintiff's claim, there was an administrative determination that he could challenge in an article 78 proceeding, namely, defendants' notification, shortly before April 13, 2004, that plaintiff was not entitled...

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