IN RE: Martin LEVINE (2000)

In a proceeding pursuant to CPLR article 78 to review a determination of the Chancellor of the Board of Education of the City of New York dated July 22, 1998, which sustained a prior determination of the Board of Education of the City of New York, dated January 20, 1998, terminating the petitioner from his position as laboratory specialist, the petitioner appeals from a judgment of the Supreme Court, Kings County (Garry, J.), dated August 3, 1999, which denied the petition and dismissed the proceeding as barred by the four-month Statute of Limitations.

ORDERED that the judgment is affirmed, with costs.

 A proceeding pursuant to CPLR article 78 must be commenced within four months after the determination to be reviewed becomes final and binding (see, CPLR 217;  Matter of Lubin v. Board of Educ. of City of New York, 60 N.Y.2d 974, 976, 471 N.Y.S.2d 256, 459 N.E.2d 481).   Where, as here, the petitioner's remedy is in the nature of mandamus to review, the determination becomes final and binding on the date that the termination of employment becomes effective (see, Matter of De Milio v. Borghard, 55 N.Y.2d 216, 220, 448 N.Y.S.2d 441, 433 N.E.2d 506;  Matter of Shovers v. Casey, 263 A.D.2d 458, 691 N.Y.S.2d 906;  Matter of Persico v. Board of Educ., 220 A.D.2d 512, 513, 632 N.Y.S.2d 198;  Matter of Schulman v. Board of Educ. of City of New York, 184 A.D.2d 643, 584 N.Y.S.2d 914).   The petitioner's contention that his invocation of an administrative grievance procedure in accordance with his union's collective bargaining agreement tolled the Statute of Limitations is without merit (see, Frasier v. Board of Educ. of City School Dist. of New York, 71 N.Y.2d 763, 766-767, 530 N.Y.S.2d 79, 525 N.E.2d 725;  Matter of Lubin v. Board of Educ. of City of New York, supra, at 976, 471 N.Y.S.2d 256, 459 N.E.2d 481;  Matter of De Milio v. Borghard, supra, at 220, 448 N.Y.S.2d 441, 433 N.E.2d 506;  Matter of McCain v. Fernandez, 226 A.D.2d 380, 381, 640 N.Y.S.2d 241).

MEMORANDUM BY THE COURT.