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CHARLES ALAIMO, Appellant, v. NEW YORK CITY DEPARTMENT OF SANITATION, Respondent.

Ordered that the order is modified, by adding, after the words "motion is denied" the words "as unnecessary"; as so modified, the order is affirmed, without costs or disbursements.

General Municipal Law § 50-i is not applicable to the instant action (see, Simpson v New York City Tr. Auth., 188 A.D.2d 522, 523; see also, Mills v County of Monroe, 89 A.D.2d 776, affd 59 N.Y.2d 307, cert denied 464 U.S. 1018); therefore, no notice of claim was required as a condition precedent to its commencement.

We further note that the commencement of the instant action to recover damages for unlawful discriminatory practices under Executive Law § 296 is governed by the three-year Statute of Limitations prescribed in CPLR 214 (2) (see, Koerner v State of New York, 62 N.Y.2d 442; Stoetzel v Wappingers Cent. School Dist., 166 A.D.2d 643; Mills v County of Monroe, supra; Ramos v New York City Police Dept., 127 Misc.2d 872), and the plaintiff here filed his complaint within the three-year limitations period. Sullivan, J.P., Lawrence, Pizzuto, Joy and Goldstein, JJ., concur.

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ALAIMO v. NEW YORK CITY DEPT. OF SANITATION
(Apr 25, 1994)