Opinion
July 5, 1967
In a proceeding pursuant to CPLR article 78, transferred to this court for disposition by order of the Supreme Court, Queens County, dated January 14, 1966, pursuant to CPLR 7804 (subd. [g]), petitioner seeks to review and annul a determination of the respondent Commissioner dismissing petitioner from the Police Department of the City of New York. Petition dismissed, without costs. This proceeding was instituted by order to show cause dated and served on February 26, 1965. The final order of dismissal was dated October 2, 1964, and effective at 12:00 noon on that date. It is undisputed petitioner received notice of his dismissal plus a copy of the final order on that day. Accordingly, the proceeding must be dismissed for failure to comply with the four-month period of limitations set forth in CPLR 217 (see, Matter of Alliano v. Adams, 2 A.D.2d 532). In any event, we have examined the record and conclude that respondent's determination is supported by substantial evidence. Accordingly, were we not dismissing the proceeding for untimeliness, we would do so on the merits. Christ, Acting P.J., Rabin, Benjamin, Munder and Nolan, JJ., concur.