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MATTER OF FORD v. NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM

41 A.D.3d 715 (2007)

839 N.Y.S.2d 126

In the Matter of LOUIS FORD, Appellant, v. NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM, Respondent.

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

Decided June 19, 2007.

Ordered that the judgment is affirmed, with costs.

We affirm the dismissal of the CPLR article 78 proceeding on a different ground than that articulated by the Supreme Court. The proceeding should have been dismissed because it was barred by the four-month statute of limitations pursuant to CPLR article 78 (see CPLR 217 [1]). Such a proceeding must be commenced within four months from the time the determination being challenged becomes final and binding (

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