Specifically, the Appellate Division, First Department, has recently affirmed that, in a FOIL case, the statute begins to run from the date of the denial letter. Matter of Johnson v Kelly, 2012 NY Slip Op 30193(U), affd 116 AD 3d 605 (1st Dept 2014); See also Matter of Green v City of New York, 196 Misc2d 125, 130 (Sup Ct, NY County 2003).
RAAO denying petitioner's appeal, starts the four month statute of limitations period. See e.g. Matter of Johnson v Kelly, 2012 NY Slip Op 30193 (U), *6 (Sup Ct, NY County [2012]), affd 116 AD3a 605 (1st Dept 2014) ("The court finds that the four-month statute of limitations for filing an Article 78 proceeding began to run on December 3, 2010. That was the date of the letter from the RAAO, denying the appeal.