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MATTER OF MOSKOWITZ v. NEW YORK CITY POLICE PENSION FUND

4446, 112299/08.

82 A.D.3d 473 (2011)

918 N.Y.S.2d 341

In the Matter of KEITH MOSKOWITZ, Appellant, v. NEW YORK CITY POLICE PENSION FUND et al., Respondents.

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

Decided March 8, 2011.

In an article 78 proceeding for mandamus to compel, the four-month statute of limitations runs from the date upon which the respondent agency refuses to act (see Austin v Board of Higher Educ. of City of N.Y., 5 N.Y.2d 430, 441-442 [1959]; see also Ruskin Assoc., LLC v State of N.Y. Div. of Hous. & Community Renewal, 77 A.D.3d 401, 403 [2010]). By letter dated November 3, 2006...

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