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MATTER OF WATERSIDE ASSOCS. v. NEW YORK STATE DEP'T OF ENVTL. CONSERVATION

72 N.Y.2d 1009 (1988)

In the Matter of Waterside Associates et al., Appellants, v. New York State Department of Environmental Conservation et al., Respondents.

Court of Appeals of the State of New York.

Decided October 20, 1988.

Attorney(s) appearing for the Case

Elliot G. Sagor and Oscar G. Chase for appellants.

Robert Abrams, Attorney-General (Ezra I. Bialik and O. Peter Sherwood of counsel), for respondents.

Gary H. Gutchess, Gary Komarow and William H. Ethier for New York State Builders Association, Inc., and another, amici curiae.

Chief Judge WACHTLER and Judges SIMONS, ALEXANDER, and BELLACOSA concur; Judge TITONE dissents and votes to reverse in an opinion in which Judges KAYE and HANCOCK, JR., concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

In an article 78 proceeding in the nature of mandamus to compel, the Statute of Limitations commences running when, after a demand, a body or officer "`refuse[s] * * * to act or to perform a duty enjoined by law'" (Matter of De Milio v Borghard, 55 N.Y.2d 216, 220 [quoting Austin v Board of...

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