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In the matter of STEVEN E. SHOVERS, appellant, v. WILLIAM P. CASEY, et al., respondents.

DECISION ORDER

ORDERED that the judgment is modified by deleting therefrom the provision dismissing the proceeding on the merits and substituting therefor a provision dismissing the proceeding as time-barred; as so modified, the judgment is affirmed insofar as appealed from; and it is further,

ORDERED that the order dated February 27, 1995, is reversed and the motion to dismiss the proceeding as time-barred is granted; and it is further,

ORDERED that the respondents are awarded one bill of costs.

The petitioner's claim that the termination of his employment was arbitrary and capricious and not supported by substantial evidence is time-barred ( see, Matter of Persico v. Board of Educ., City School Dist., City of N.Y., 220 A.D.2d 512, 513). Similarly, his challenge to the procedure before the Chancellor's Committee, first raised in 1997 in his amended petition, is also time-barred ( see, Matter of Persico v. Board of Educ., City School Dist., City of N.Y., supra; Boccone v. Is. Fed. Mtge. Corp., 261 A.D.2d 350 [2d Dept., May 3, 1999]).

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MATTER OF SHOVERS v. CASEY
(Jul 6, 1999)