Trotta v. Board of Trustees of the Police Pension Fund , 51 A.D.2d 526 ( 1976 )

Judgment, Supreme Court, New York County, entered January 29, 1975, dismissing the petition, unanimously affirmed, without costs or disbursements. The determination of the board of trustees was made on May 23, 1974 and mailed on May 24, 1974. Petitioner does not deny receipt of the notice within three days after its mailing. This proceeding was commenced on October 30, 1974 and is therefore time-barred (CPLR 217). Concur—Stevens, P. J., Kupferman, Birns, Capozzoli and Lane, JJ.