Judgment unanimously affirmed, with costs, for the reasons stated at Special Term, McLaughlin, J.
McLaughlin, J.
We merely add that since petitioner's proceeding was one in the nature of mandamus, the period of limitations commences to run after the respondent's refusal, upon the demand of petitioner, to perform its duty and not when the determination to be reviewed becomes "final and binding" (CPLR 217). We agree with Special Term that the record as a whole...
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