Matter of Subervi v. Federation of State Med. Bds.

Judgment, Supreme Court, New York County (Carol E. Huff, J.), entered April 25, 2014, granting respondents’ cross motion to deny the petition seeking to annul respondents’ determination that petitioner was not eligible to take the “Step 3” test for certification of foreign medical students, and dismissing the proceeding brought pursuant to CPLR article 78, based on the statute of limitations, unanimously affirmed, without costs.

There are “two requirements for fixing the time when agency action is ‘final and binding upon the petitioner’ the agency must have reached a definitive position on the…