Appellate Division of the Supreme Court of the State of New York December 27, 2012 (Bango v. Gouverneur Volunteer Rescue Squad, Inc.)

McCarthy, J.

*1557Supreme Court properly dismissed the complaint against defendant as time-barred. A four-month statute of limitations applies if the gravamen of plaintiffs action and the relief sought may be properly addressed in a CPLR article 78 proceeding (see Walton v New York State Dept. of Correctional Servs.