Miller v. New York State Department of Labor

*333The IAS Court properly determined that the CPLR article 78 proceeding commenced by petitioner, a probationary employee, on April 18, 1995, more than 18 months after the termination of his employment on September 15, 1993, was time-barred by the four-month Statute of Limitations set forth in CPLR 217, since the limitations period in a proceeding to review the dismissal of a probationary employee begins to run from the effective date of discharge (Matter of Vasbinder v Hartnett, 129 AD2d 894, lv denied 70 NY2d 606).

The determination of the State Division of Human Rights clearly has a rational…