Opinion
6321 Index 162361/15
04-19-2018
Allen C. DAWSON, Plaintiff–Appellant, v. NEW YORK UNIVERSITY, Defendant–Respondent.
Stewart Lee Karlin Law Group, PC, New York (Daniel E. Dugan of counsel), for appellant. William Miller, New York, for respondent.
Stewart Lee Karlin Law Group, PC, New York (Daniel E. Dugan of counsel), for appellant.
William Miller, New York, for respondent.
Friedman, J.P., Richter, Andrias, Kapnick, Webber, JJ.
Order, Supreme Court, New York County (Manuel J. Mendez, J.), entered January 20, 2017, which granted defendant's motion to dismiss the complaint as time-barred, and denied plaintiff's cross motion to amend the complaint, unanimously affirmed, without costs.
Although plaintiff alleges that he was subjected to unlawful discrimination, the complaint is actually "a challenge to a university's academic and administrative decision[ ]" ( Padiyar v. Albert Einstein Coll. of Medicine of Yeshiva Univ., 73 A.D.3d 634, 635, 900 N.Y.S.2d 866 [1st Dept. 2010], lv denied 15 N.Y.3d 708, 909 N.Y.S.2d 23, 935 N.E.2d 815 [2010] ). Accordingly, it is barred by the four-month statute of limitations for a CPLR article 78 proceeding, which is the appropriate vehicle for such a challenge (see Alrqiq v. New York Univ., 127 A.D.3d 674, 6 N.Y.S.3d 917 [1st Dept. 2015], lv denied 27 N.Y.3d 910, 39 N.Y.S.3d 377, 62 N.E.3d 117 [2016] ).