Opinion
February 20, 1996
Appeal from the Supreme Court, Kings County (Vinik, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
The Supreme Court properly concluded that this proceeding is untimely. An application for reconsideration will not extend or toll the applicable Statute of Limitations ( see, Matter of Lubin v. Board of Educ., 60 N.Y.2d 974, 976, cert denied 469 U.S. 823; Matter of De Milio v. Borghard, 55 N.Y.2d 216, 222; Matter of Knorr v. Ross, 208 A.D.2d 841). This proceeding pursuant to CPLR article 78 should have been commenced within four months of the Fire Commissioner's August 19, 1988, denial of the petitioner's request for reinstatement. Thus, this proceeding, commenced in April 1993, was untimely.
In light of our determination, the petitioner's remaining contentions are academic. Rosenblatt, J.P., Miller, Ritter and Friedmann, JJ., concur.