IN RE LYNN v. TOWN OF CLARKSTOWN

ORDERED that the order and judgment is affirmed insofar as appealed from, with costs.

The petitioner was lawfully terminated from his employment pursuant to Civil Service Law § 71. In substance, he was accorded all of the regulatory and due process rights to which he was entitled (see Matter of Hurwitz v. Perales, 81 N.Y.2d 182, cert denied 510 U.S. 992; Matter of Prue v. Hunt, 78 N.Y.2d 364).

We agree with the Supreme Court that the petitioner's letter to the Chief of Police of the Town of Clarkstown Police Department (hereinafter the Chief), dated January 29, 2001, requesting General Municipal Law § 207-c benefits was, at most, an application for reconsideration of an administrative determination which served neither to extend nor to toll the statute of limitations (see Matter of Lubin v. Board of Educ. of City of N.Y., 60 N.Y.2d 974, cert denied 469 U.S. 823; Matter of De Milio v. Borghard, 55 N.Y.2d 216; Matter of Gruosso v. County of Nassau, 264 A.D.2d 396; Matter of Mazzilli v. New York City Fire Dept., 224 A.D.2d 621) . Accordingly, the petitioner's challenge to the Chief's March 17, 2000, denial of his request for General Municipal Law § 207-c benefits was untimely (see CPLR 217).

The petitioner's remaining contentions are without merit.

FLORIO, J.P., FRIEDMANN, H. MILLER and CRANE, JJ., concur.