Opinion
August 28, 1995
Appeal from the Supreme Court, Nassau County (Roberto, J.).
Ordered that the judgment is affirmed, with costs.
On February 11, 1993, the City of Long Beach opened for competitive bidding a beach concession rental. After bids were received, on March 16, 1993, the Long Beach City Council adopted a resolution which awarded the beach concession rental to the respondent BB Oceanfront Concessions, Inc. (hereinafter BB) and authorized the City Manager to enter into a lease with BB. Thereafter, on April 28, 1993, the City Manager executed a lease with BB.
We reject the petitioner's contention that the four-month Statute of Limitations set forth under CPLR 217 commenced to run when the lease was executed. The four-month period of limitation under CPLR 217 was triggered on March 16, 1993, the date on which the City Council adopted the resolution which awarded the beach concession rental to BB (see generally, Matter of Martin v. Ronan, 44 N.Y.2d 374, 379-381; Matter of Douglaston Little Neck Coalition v. Sexton, 145 A.D.2d 480). The petitioner asserts that it could not be determined whether he would be aggrieved until the lease was executed because the notice to bidders failed to indicate that the successful bidder would be allowed to sell its goods throughout the beach and boardwalk area. However, this information was set forth in the bid specifications and was available to the petitioner as the notice to bidders indicated the address at which the bid specifications could be obtained.
Since this proceeding was not commenced until more than four months after the City Council adopted its resolution which awarded the beach concession rental to BB, the Supreme Court correctly dismissed the proceeding as time-barred (see, CPLR 217). Balletta, J.P., Thompson, Santucci, Altman and Hart, JJ., concur.