Simmons v. Popolizio ( 1991 )

OPINION OF THE COURT

Order affirmed, without costs. Assuming without deciding that the article 78 proceeding is timely under CPLR 217, the June 17, 1988 determination sought to be reviewed cannot be said to constitute an abuse of discretion under the circumstances presented by this case.

Concur: Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa.