Judgment reversed on the law with costs and petition reinstated.
Memorandum:
Supreme Court erred in summarily dismissing petitioner's CPLR article 78 proceeding on the ground that it was not timely commenced within four months after the determination to be reviewed became "final and binding upon the petitioner" (CPLR 217). A challenged determination is final and binding when it "has an impact" upon the petitioner who is thereby aggrieved and the aggrieved...
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