Appellate Division of the Supreme Court of the State of New York April 23, 1998 (Musilli v. New York State & Local Police & Fire Department System)

—Carpinello, J.

Appeal from a judgment of the Supreme Court (Kane, J.), entered September 8, 1997 in Albany County, which, in a proceeding pursuant to *827CPLR article 78, granted respondents’ motion to dismiss the petition as time barred.