Opinion
Argued May 30, 1991
Decided June 27, 1991
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Jacqueline W. Silbermann, J.
Russell Engler, John C. Gray, Jr., David Pieragostini and Tracy Miller for appellant.
Harry Steinberg and Suzanne M. Lynn for respondents.
Stephen Myers for MFY Legal Services, amicus curiae.
Order affirmed, without costs. Assuming without deciding that the article 78 proceeding is timely under CPLR 217, the June 17, 1988 determination sought to be reviewed cannot be said to constitute an abuse of discretion under the circumstances presented by this case.
Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.