Ordered that the order and judgment is affirmed, with costs.
Contrary to the plaintiff's contentions, Executive Law § 297 (9) clearly set forth an election of remedies provision. Thus, once the plaintiff filed his age-discrimination claim with the New York State Division of Human Rights, he was precluded from bringing a cause of action in the New York State Supreme Court asserting the same discriminatory acts (see, Scott v Carter-Wallace, Inc., 147 A.D.2d 33; Long v ATT Information Sys., 733 F. Supp. 188).
Moreover, even assuming that the plaintiff was alleging different discriminatory acts, his complaint is time-barred due to his failure to serve a notice of claim upon the Town of New Castle (see, Piontka v Suffolk County Police Dept., 202 A.D.2d 409; Mills v County of Monroe, 89 A.D.2d 776, affd 59 N.Y.2d 307, cert denied 464 U.S. 1018). While the plaintiff correctly argues that an action brought pursuant to Executive Law § 296 is not a tort claim which falls within the notice provisions of the General Municipal Law (see, Alaimo v New York City Dept. of Sanitation, 203 A.D.2d 501; Simpson v New York City Tr. Auth., 188 A.D.2d 522), nevertheless, his action must be dismissed. Town Law § 67 (1), (2) provides that
"[a]ny claim * * * which may be made against the town * * * for damages for wrong or injury to person or property * * * shall be made and served in compliance with section fifty-e of the general municipal law * * *
"Every action upon such claim shall be commenced pursuant to the provisions of section fifty-i of the general municipal law" (see, Piontka v Suffolk County Police Dept., supra; Mills v County of Monroe, supra). Thus, the plaintiff's failure to comply with General Municipal Law § 50-i renders the action time-barred.
Likewise, the plaintiff's failure to file a claim with the Federal Equal Employment Opportunity Commission within 300 days of the alleged discriminatory act bars his Federal age discrimination cause of action (see, 29 U.S.C. § 626 [d]). Balletta, J.P., Rosenblatt, Miller and Ritter, JJ., concur.