Opinion
August 15, 1994
Appeal from the Supreme Court, Westchester County (Cowhey, J.).
Ordered that the judgment is affirmed, with costs.
The petitioner was removed from his position as Deputy Commissioner of Public Works of the City of Yonkers on January 29, 1992, when that position was abolished by the respondent Mayor because of financial exigencies. He was reassigned to the position of Manager of Street Cleaning, but was removed from that position on May 15, 1992, when the position was abolished because of continuing financial exigencies facing the City of Yonkers. In November 1992 the petitioner instituted the instant proceeding. The Supreme Court held that the proceeding was time-barred under the applicable four-month Statute of Limitations period. We affirm.
The Mayor's determinations became final and binding when the petitioner's prior positions were abolished (see, Matter of De Milio v. Borghard, 55 N.Y.2d 216; Armstrong v. Centerville Fire Co., 195 A.D.2d 723, 724, affd 83 N.Y.2d 937; Pinto v. Town of Greenburgh, 170 A.D.2d 685; Sutherland v. Village of Suffern, 139 A.D.2d 728). Therefore, the instant proceeding, commenced in November 1992, was untimely and properly dismissed as time-barred (see, CPLR 217; Matter of De Milio v. Borghard, supra, at 216). Lawrence, J.P., Ritter, Friedmann and Krausman, JJ., concur.