Opinion
March 2, 1987
Appeal from the Supreme Court, Westchester County (Beisner, J.).
Ordered that the judgment is affirmed, with costs.
Special Term properly found that the petitioner's claim was barred by the four-month Statute of Limitations of CPLR 217. An administrative determination becomes final and binding under CPLR 217 on the date it becomes effective (see, Matter of Wininger v Williamson, 46 A.D.2d 689). The making and denial of an application for reconsideration, which the petitioner alleges occurred in this case, does not serve to extend the Statute of Limitations within which to commence a proceeding for judicial review of an administrative determination, nor do negotiations attempting to reopen consideration of the matter, absent bad faith on the part of the administrative agency (see, Matter of Seidner v. Town of Colonie, 79 A.D.2d 751, affd 55 N.Y.2d 613; Matter of De Milio v. Borghard, 55 N.Y.2d 216).
Special Term also properly found that the petitioner failed to file the required notice of claim, which served to bar his proceeding (see, County Law § 52; General Municipal Law § 50-e; Mills v. County of Monroe, 59 N.Y.2d 307, cert denied 464 U.S. 1018; Boyle v. Kelley, 42 N.Y.2d 88).
We have reviewed the petitioner's remaining contentions and find them to be without merit. Mollen, P.J., Mangano, Lawrence and Sullivan, JJ., concur.