Hlavac v. Guido

• Decision Date: 25 February 1991
• Citation: 567 N.Y.S.2d 366,170 A.D.2d 679
• Parties: In the Matter of Bonnie D. HLAVAC, Appellant, v. Daniel P. GUIDO, etc., et al., Respondents.
• Court: New York Supreme Court — Appellate Division

Page 366

567 N.Y.S.2d 366

170 A.D.2d 679

In the Matter of Bonnie D. HLAVAC, Appellant, v. Daniel P. GUIDO, etc., et al., Respondents.

Supreme Court of New York, Appellate Division, Second Department.

February 25, 1991

Charles T. Theofan, Mineola, for appellant. E. Thomas Boyle, County Atty., Hauppauge (Jeltje deJong, of counsel), for respondents.

In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Daniel P. Guido, Police Commissioner of the County of Suffolk, and Alan Schneider, Personnel Officer of the Department of Civil Service of the County of Suffolk, dated August 3, 1988, dismissing the petitioner from the position of probationary police officer in the Police Department of the County of Suffolk and to compel her reinstatement with back pay, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Leis, J.), dated August 25, 1989, which dismissed the proceeding. ORDERED that the judgment is affirmed, with costs. The Supreme Court properly dismissed the proceeding as against the individual respondents for untimeliness. The petitioner concedes that they were not served within the four- month limitation period of CPLR 217 (see generally, D.B.C.G., Inc. v. Town of Ramapo, 97 A.D.2d 533, 468 N.Y.S.2d 37; Matter of Trinity Syndicate Corp. v. Department of Fin. of City of N.Y., 93 A.D.2d 122, 123, 461 N.Y.S.2d 36), and the circumstances of this case do not give rise to the application of any toll of the limitations period (see generally, Raschel v. Rish, 69 N.Y.2d 694, 512 N.Y.S.2d 22, 504 N.E.2d 389; Connell v. Hayden, 83 A.D.2d 30, 443 N.Y.S.2d 383). Moreover, the dismissal of the proceeding as against the respondent County of Suffolk was also proper, inasmuch as the petition alleged no wrong doing on the part of the County and sought no relief which the County had the authority to provide (see generally, Matter of Reden v. Nassau County Civ. Serv. Commn., 133 A.D.2d 694, 519 N.Y.S.2d 864).

KOOPER, J.P., and SULLIVAN, MILLER and O'BRIEN, JJ., concur.