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COMMUNITY COUNSELING & MEDIATION SERVICES v. NEW YORK CITY DEPARTMENT OF HEALTH & MENTAL HYGIENE

45 A.D.3d 315 (2007)

845 N.Y.S.2d 257

COMMUNITY COUNSELING & MEDIATION SERVICES et al., Appellants, v. NEW YORK CITY DEPARTMENT OF HEALTH & MENTAL HYGIENE et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided November 8, 2007.

The court properly determined that the proceeding was barred by the four-month limitation period (CPLR 217 [1]). Here, the statute of limitations runs, at the latest, from when petitioners acknowledged receipt of the Department of Health & Mental Hygiene invoice and delinquency notice dated February 27, 2004, charging petitioners for the clean-up of its lot (see Matter of M & D Contrs. v New York City Dept. of Health, 233 A.D.2d 230

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