There is nothing in the record to indicate that petitioners made a demand prior to June 18, 1976, when they filed a grievance. Construing the filing of the grievance as a demand, the four-month Statute of Limitations could not begin to run until there has been a refusal to perform as demanded (CPLR 217). In our view, such a refusal could not have occurred until the decision at the third step of the grievance procedure on September 3, 1976 and, accordingly, this proceeding...
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