Wagner v. Nicoletti

—In a proceeding pursuant to CPLR article 78, denominated as one in the nature of mandamus to compel the respondents to reinstate the petitioner to his employment with the Department of Public Works for the City of White Plains and continuing him on medical leave, the petitioner appeals from an order and judgment (one paper), of the Supreme Court, Westchester County (Lange, J.), entered April 1, 1997, which granted the respondents’ motion to dismiss the proceeding as barred by the Statute of Limitations, and dismissed the proceeding.

Ordered that the order and judgment is affirmed, with costs.

W…