Judgment reversed, on the law and the facts, without costs or disbursements, and proceeding dismissed on the merits. Upon our second prior consideration of this matter, we reversed a judgment and remanded to Special Term for resolution at a hearing of the question of fact as to whether petitioner had complied with 4 NYCRR 5.3 (d) (Matter of McGirr v Division of Veterans Affairs, Executive Dept., State of N. Y.,
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