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DANDOMAR v. TOWN PLEASANT VAL.

2009-06877.

86 A.D.3d 83 (2011)

924 N.Y.S.2d 499

2011 NY Slip Op 4673

In the Matter of DANDOMAR COMPANY, LLC, Appellant, v. TOWN OF PLEASANT VALLEY TOWN BOARD et al., Respondents.

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

Decided May 31, 2011.

Attorney(s) appearing for the Case

Corbally, Gartland and Rappleyea, LLP, Poughkeepsie ( Allan B. Rappleyea of counsel), for appellant.

Gellert & Klein, P.C., Poughkeepsie ( Lillian S. Weigert of counsel), for respondents.

ANGIOLILLO, FLORIO and DICKERSON, JJ., concur.

OPINION OF THE COURT

DILLON, J.P.

Petitions seeking the remedy of mandamus and prohibition under CPLR article 78 are subject to a four-month statute of limitations (see CPLR 217; Matter of Holtzman v Goldman, 71 N.Y.2d 564, 568 [1988]; Matter of Home Depot U.S.A., Inc. v Town Bd. of the Town of Southeast, 70 A.D.3d 824

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