New York Carting Co. v. Sexton

In a proceeding pursuant to CPLR article 78, inter alia, to review a tipping fee increase effective October 14, 1988, imposed by the New York City Department of Sanitation at Fresh Kills Landfill in Staten Island, the appeal is from a judgment of the Supreme Court, Richmond County (Leone, J.), dated December 12, 1991, which dismissed the petition as time-barred under CPLR 217.

Ordered that the judgment is affirmed, without costs or disbursements.

We agree with the Supreme Court that the petitioners failed to commence this proceeding within the applicable four-month Statute of Limitations (see,…