Motion by respondent New York State Department of Transportation granted, without costs, and proceeding pursuant to section 298 of the Executive Law dismissed as untimely. The motion papers indicate that petitioner failed to properly commence this proceeding by the filing and service of a notice of motion and petition within 30 days of the service of the appeal board order as required by the statute (Executive Law, § 298). In view of this, we have no jurisdiction to...
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