The cross motion to dismiss the petition on the grounds that the order of the Appeals Board, sought to be reviewed, is not appealable under section 298 of the Executive Law, is denied. The order of the Commissioner had denied petitioner's application to dismiss the complaint for lack of jurisdiction; the denial being without prejudice to petitioner's right to raise that objection before the hearing examiner on the further hearing. The dismissal by the Appeals Board was predicated...
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