NAVAL v. HERBERT H. LEHMAN COLLEGE

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.