Ordered that the order is affirmed, with costs.
The Supreme Court properly determined that the applicable period of limitations in this case was one year and 90 days (see, County Law § 52; see also, Mills v. County of Monroe, 59 N.Y.2d 307, affg 89 A.D.2d 776, cert denied 464 U.S. 1018). Accordingly, the complaint was properly dismissed as time barred. Mangano, P.J., Pizzuto, Altman and Krausman, JJ., concur.