Opinion
July 20, 1998
Appeal from the Supreme Court, Kings County (G. Aronin, J.).
Ordered that the judgment is affirmed, with one bill of costs.
Because the petitioner opted to pursue an administrative appeal of the determination of the New York City Transit Authority. (hereinafter the NYCTA) to the respondent City Civil Service Commission (hereinafter the Commission), the Supreme Court properly dismissed the proceeding insofar as asserted against the NYCTA as barred by Civil Service Law § 76 Civ. Serv. (see, Civil Service Law § 76 Civ. Serv. [1], [3]; Matter of Wood v. Cosgrove, 237 A.D.2d 616).
The Supreme Court also correctly dismissed the instant proceeding insofar as it sought review of the Commission's decision affirming the NYCTA's determination. The petitioner failed to establish that the Commission's decision "was `in violation of the Constitution or of the laws of this State', or that the Commission `acted illegally, unconstitutionally, or in excess of its jurisdiction'" (Matter of Wood v. Cosgrove, supra, at 616, quoting Matter of New York City Dept. of Envtl. Protection v. New York City Civ. Serv. Commn., 78 N.Y.2d 318, 323-324).
O'Brien, J. P., Ritter, Thompson, Friedmann and Goldstein, JJ., concur.