Order unanimously reversed, without costs of this appeal to any party and proceeding dismissed, without costs, without prejudice to a proceeding under section 1450 of the Civil Practice Act.
Memorandum:
An article 78 proceeding based upon affidavits was instituted for a determination that a notice of intent to file a claim under the MVAIC clause of the petitioner's policy had been timely given. The court undertook to decide the question of the timeliness of...
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