Goonewardena v. Hunter College

Judgment, Supreme Court, New York County (William A. Wetzel, J.), entered January 13, 2006, dismissing this proceeding as time-barred, unanimously affirmed, without costs.

A CPLR article 78 proceeding must be commenced within four months after the determination to be reviewed becomes final and binding (CPLR 217 [1]). Petitioner seeks to overturn the October 1, 2003 decision of the college president that suspended him. This proceeding was commenced in July 2005. The failure to proceed within four months required dismissal, notwithstanding petitioner’s ongoing correspondence with the City…