Opinion
2049
October 29, 2002.
Order, Supreme Court, New York County (Diane Lebedeff, J.), entered September 4, 1998, which, inter alia, granted respondents' cross motion to dismiss the petition brought pursuant to CPLR article 78 as time-barred, unanimously affirmed, without costs.
PRO SE, for petitioner-appellant.
PAUL L. HERZFELD, for respondents-respondents.
Before: Mazzarelli, J.P., Andrias, Buckley, Marlow, JJ.
The petition, filed more than six months after petitioner received notice of the denial of his FOIL request, was properly dismissed as time-barred (see CPLR 217; Matter of McBride v. City of New York, 284 A.D.2d 197, 198). Petitioner's argument, that it is reasonable to assume that the CLERK actually received his papers within the four-month Statute of Limitations, but failed to stamp them or issue an index number until some three months later, is unsupported by the record.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.