IN RE: Rogelio KNIGHTS (2026)

Judgment (denominated an order), Supreme Court, New York County (Lynn R. Kotler, J.), entered April 14, 2025, granting petitioner's motion to renew and, upon renewal, granting respondent City University of New York's cross-motion to dismiss, and denying the petition to, among other things, annul respondent's March 2017 determination which terminated petitioner from his position as an interim student athletic director, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.

Petitioner's CPLR article 78 proceeding against his former employer, respondent City University of New York (CUNY), challenging his 2017 termination following an investigation into harassment allegations against him and CUNY's decision not to interview him for another position in 2022, is time-barred (see CPLR 217[1];  Matter of Davis v. Adams, 234 AD3d 476, 477 [1st Dept 2025], lv denied 43 NY3d 906 [2025] ).  Petitioner brought the proceeding well outside the four-month statute of limitations.

Even if the petition were timely, the claims stemming from the 2017 termination are barred by the doctrine of res judicata, as petitioner already litigated the merits of his due process claims in federal court (see Matter of Pinkard v New York City Dept. of Educ., 190 AD3d 532, 532 [1st Dept 2021], lv denied 37 NY3d 939 [2021] ).  As for CUNY's decision not to interview petitioner for another position in 2022, it was neither arbitrary nor capricious (see Matter of Rosenthal v Roosevelt Is. Operating Corp., 209 AD3d 598 [1st Dept 2022];  see also Matter of Betram v. Metropolitan Transp.  Auth., 231 AD3d 611 [1st Dept 2024] ).

We have considered petitioner's remaining arguments and find them unavailing.