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UDAY C. NAVAL, appellant, v. HERBERT H. LEHMAN COLLEGE, ET AL., respondents.

DECISION ORDER

ORDERED that the order is affirmed, with costs.

The Supreme Court properly dismissed the instant action as time-barred (see Matter of Queensborough Community Coll. of City Univ of N.Y. v. State Human Rights Appeal Bd., 41 N.Y.2d 926; Mitchell v. Nassau Community Coll., 265 A.D.2d 456). CPLR 205(a) is not applicable to the instant case, since the plaintiff's similar and timely-commenced Federal action was terminated by voluntary discontinuance (see Kourkoumelis v. Arnel, 238 A.D.2d 313).

S. MILLER, J.P., GOLDSTEIN, ADAMS and RIVERA, JJ., concur.

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NAVAL v. HERBERT H. LEHMAN COLLEGE
(Mar 24, 2003)