Matter of McTiernan v City of Rochester (2004 NY Slip Op 00795)

Matter of McTiernan v City of Rochester

2004 NY Slip Op 00795 [4 AD3d 805]

February 11, 2004

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, April 21, 2004

In the Matter of James A. McTiernan, Appellant,
v
City of Rochester et al., Respondents.

—Appeal from a judgment (denominated order) of the Supreme Court, Monroe County (Evelyn Frazee, J.), entered May 28, 2003 in a proceeding pursuant to CPLR article 78. The judgment dismissed the amended petition as time-barred.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs for the reasons stated in decision at Supreme Court. Present—Green, J.P., Wisner, Scudder, Gorski and Lawton, JJ.