Judgment affirmed insofar as appealed from, without costs or disbursements.
We find no error in Special Term's holding that this proceeding was not instituted in compliance with the provisions of CPLR 217. We note, however, that had we been able to reach the merits of the proceeding, the appellant would have been entitled to relief under this court's decision in Matter of Schlosser v Board of Educ. (
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