Appellate Division of the Supreme Court of the State of New York April 5, 1985 (Maira v. Stamm)

*1058On January 2,1981 plaintiff filed an action against Hooker in Federal District Court (see, 29 USC § 623 [a]) based upon the same allegations of age discrimination contained in his State complaint. This action was dismissed as untimely on Hooker’s motion for summary judgment because it was not commenced within two years from plaintiff’s discharge (see, 29 USC §§ 255, 626 [e]).