Usar Law Group, P.C., New York (Faruk Usar of counsel), for appellant.

Sylvia O. Hinds-Radix, Corporation Counsel, New York (Kate Fletcher of counsel), for the City of New York and another, respondents.

Pillsbury Winthrop Shaw Pittman LLP, New York (David G. Keyko of counsel), for NYC Bike Share, LLC and another, respondents.

Order, Supreme Court, New York County (Lyle Frank, J.), entered on or about January 11, 2022, which, to the extent appealed from as limited by the briefs, granted respondents' motions to dismiss the hybrid CPLR article 78 petition, unanimously affirmed, without costs.

The court properly dismissed the petition as time-barred. Petitioner's claim that the Department of Transportation's request for proposals (RFP) for the program that became Citi Bike violated the City Charter accrued when the RFP issued in November 2010. Petitioner's commencement of this action in October 2021 far exceeded the four-month limitations period for article 78 challenges (see CPLR 217 [1]; Council of City of New York v Giuliani, 5 AD3d 330, 331 [1st Dept 2004], lv denied 4 NY3d 707 [2005]). That same limitations period applies to petitioner's causes of action for declaratory judgment and restitution of membership fees (see Gress v Brown, 20 NY3d 957, 959-960 [2012]; Colodney v New York Coffee & Sugar Exch, 4 AD2d 137, 140 [1957], affd 4 NY2d 698 [1958]).

We have considered petitioner's remaining arguments and find them unavailing. Concur—Renwick, J.P., Shulman, Rodriguez, Higgitt, JJ.