Waterside Associates v. New York State Department of Environmental Conservation

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

In an article 78 proceeding in the nature of mandamus to compel, the Statute of Limitations commences running when, after a demand, a body or officer " 'refuse[s] * * * to act or to perform a duty enjoined by law’ ” (Matter of De Milio v Borghard, 55 NY2d 216, 220 [quoting Austin v Board of Higher Educ., 5 NY2d 430, 442]). In the present proceeding seeking mandamus to compel, petitioners’ claim is time barred because the proceeding was not commenced within four months from the time of respondent…