Judgment affirmed, without costs or disbursements.
The Special Term properly found, regarding the claim against the Suffolk County Department of Social Services, that petitioner had not commenced this proceeding in the nature of mandamus within four months after the date that respondents Kirby and Toia had refused petitioner's demand. Thus, the dismissal of the petition as against respondent Kirby on the basis of the Statute of Limitations (see CPLR 217) was appropriate...
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