IN RE: Application of Carlos ROMAN (1999)

Order and judgment (one paper), Supreme Court, Bronx County (Luis Gonzalez, J.), entered May 5, 1998, which, in a proceeding pursuant to CPLR article 78, awarded petitioner back pay for the period November 9, 1988 through February 15, 1998 in the amount of $119,560, unanimously affirmed, without costs.

 In light of Supreme Court's October 28, 1992 order directing petitioner's reinstatement to his former tenured civil service position as caretaker and this Court's affirmance of that order (201 A.D.2d 308, 607 N.Y.S.2d 304), petitioner was entitled to back pay from November 9, 1988, the date of his wrongful removal, to February 14, 1994, the date petitioner Authority complied with the reinstatement order by offering petitioner immediate reinstatement (see, Matter of Kohler v. Bd. of Educ., 142 A.D.2d 676, 677, 530 N.Y.S.2d 844, lv. denied 74 N.Y.2d 603, 543 N.Y.S.2d 396, 541 N.E.2d 425).

 Petitioner's claims that the award made in the May 5, 1998 order and judgment is in certain respects deficient, are not properly before us since petitioner has not appealed from that paper (see, Hecht v. City of New York, 60 N.Y.2d 57, 63, 467 N.Y.S.2d 187, 454 N.E.2d 527).

MEMORANDUM DECISION.