148 AD3d 710
N.Y. App. Div. 2nd
2017

Matter of Hyra v Jacobellis

Appellate Division, Second Department, New York

March 1, 2017

2017 NY Slip Op 01555 [148 AD3d 710]

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, May 3, 2017

In the Matter of Marek Hyra, Appellant, v Thomas J. Jacobellis, Justice of Town of Carmel Justice Court, et al., Respondents.

Marek Hyra, Mahopac, NY, appellant pro se.

Costello & Folchetti, Carmel, NY (Gregory L. Folchetti of counsel), for respondents.

In a proceeding pursuant to CPLR article 78, inter alia, to compel the respondent Justice Thomas Jacobellis of the Town of Carmel Justice Court to reinstate certain charges formerly pending in that Court, the petitioner appeals from a judgment of the Supreme Court, Putnam County (Nicolai, J.), dated December 27, 2013, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

The petition was properly denied, and the proceeding was properly dismissed, as barred by the four-month statute of limitations applicable to CPLR article 78 proceedings (see CPLR 217 [1]; Matter of Holtzman v Marrus, 74 NY2d 865 [1989]). Eng, P.J., Leventhal, Cohen and Duffy, JJ., concur.