Opinion
2002-00780
Argued February 24, 2003.
March 24, 2003.
In an action to recover damages for alleged discrimination in violation of Executive Law § 290, et seq., the plaintiff appeals from an order of the Supreme Court, Suffolk County (Mullen, J.), dated December 18, 2001, which granted the defendant's motion pursuant to CPLR 3211(a)(5) to dismiss the complaint as time-barred.
Eric I. Prusan, Mineola, N.Y., for appellant.
Eliot Spitzer, Attorney-General, New York, N.Y. (Michael S. Belohlavek and Patrick J. Walsh of counsel), for respondents.
Before: SONDRA MILLER, J.P., GLORIA GOLDSTEIN, THOMAS A. ADAMS, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The Supreme Court properly dismissed the instant action as time-barred (see Matter of Queensborough Community Coll. of City Univ of N.Y. v. State Human Rights Appeal Bd., 41 N.Y.2d 926; Mitchell v. Nassau Community Coll., 265 A.D.2d 456). CPLR 205(a) is not applicable to the instant case, since the plaintiff's similar and timely-commenced Federal action was terminated by voluntary discontinuance (see Kourkoumelis v. Arnel, 238 A.D.2d 313).
S. MILLER, J.P., GOLDSTEIN, ADAMS and RIVERA, JJ., concur.