OPINION OF THE COURT

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs, on the ground that the proceeding is untimely (CPLR 217; Press v County of Monroe, 50 NY2d 695; Solnick v Whalen, 49 NY2d 224, 229-230). We do not reach the other issues in this case.

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