The facts have been fairly stated in the dissenting opinion. So has the question presented — whether CPLR 2103 is available to extend the 60-day period of limitations for three days because the order triggering the running of the 60-day period was served by mail. We agree also that the applicability of the three-day extension depends on whether the commissioner's triggering order was "in a pending action". We disagree with the restrictiveness of the dissent's apparent...
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