Majority
p. 1064In the Matter of Jeffrey M. Jayson, Appellant, v Erie County Bar Association et al., Respondents. [692 NYS2d 872]
—Judgment unanimously affirmed without costs. Memorandum: Supreme Court properly dismissed this CPLR article 78 proceeding as time-barred (see, CPLR 217 [1]). The Statute of
p. 1065
Limitations began to run when petitioner was removed from the Erie County Lawyer Referral Service panel in 1994 (see, New York State Assn. of Counties v Axelrod, 78 NY2d 158 , 165-166; Egan v Niagara Mohawk Power Corp., 214 AD2d 850 , 852, lv denied 86 NY2d 705 ), and was not tolled by petitioner’s subsequent request for reinstatement (see, Concourse Nursing Home v Perales, 219 AD2d 451 , 453, lv denied 87 NY2d 812 , cert denied 519 US 863 ; Matter of Gonzalez v New York State Dept. of Correctional Servs., 181 AD2d 1011 , 1012, lv denied 80 NY2d 754 ). In light of our determination, we need not reach the remaining issues. (Appeal from Judgment of Supreme Court, Erie County, Fahey, J. — CPLR art 78.) Present — Green, J. P., Lawton, Pigott, Jr., Callahan and Balio, JJ.
Cases cited
- New York State Ass'n of Counties v. Axelrod 78 NY2d 158 at 165-166 p. 1065
- Egan v. Niagara Mohawk Power Corp. 214 AD2d 850 at 852 p. 1065
- Concourse Nursing Home v. Perales 219 AD2d 451 at 453 p. 1065
- Gonzalez v. New York State Department of Correctional Services 181 AD2d 1011 at 1012 p. 1065