Matter of Lopez v. City Univ. of N.Y.

129 A.D.3d 492, 9 N.Y.S.3d 873

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: June 11, 2015
• Docket: 15376 103102/12
• Status: Published

Opinion

Judgment, Supreme Court, New York County (Carol E. Huff, J.), entered January 28, 2014, which denied the petition and dismissed the proceeding brought pursuant to CPLR article 78 to set aside a determination by respondent City University of New York (CUNY), dated January 12, 2012, dismissing petitioner from its law school, unanimously affirmed, without costs.

The proceeding is untimely since it was commenced on June 25, 2012, more than four months after respondent’s final and binding January 12, 2012 determination (see CPLR 217 [1]). Contrary to petitioner’s argument, her subsequent correspondences with respondent did not toll or recommence the statutory period (see Aranoff v Fordham Univ., 171 AD2d 434 [1st Dept 1991], lv denied 78 NY2d 858 [1991]).

Concur — Mazzarelli, J.P., Sweeny, Gische and Clark, JJ.