Allied Sanitation, Inc. v. Aponte

— Judgment, Supreme Court, New York County (Stecher, J.), entered March 23, 1987, which denied respondent’s cross motion for an order dismissing the petition, unanimously reversed, on the law, and the cross motion for an order dismissing the petition as time barred granted, without costs.

This is a proceeding brought pursuant to CPLR article 78. Petitioners are engaged in the business of removing commercial and industrial refuse. Respondent is charged with fixing maximum rates for the removal of such refuse.

*512The present dispute concerns the rate that petitioners are able to charge for the…