On this appeal, respondents now concede that petitioner's CPLR article 78 proceeding was timely commenced and, therefore, they have waived the Statute of Limitations defense. The judgment which dismissed the proceeding on the basis of that defense must therefore be reversed and the matter remitted for respondents to answer.
Ordered that the judgment is reversed, on the law, without costs, motion denied and matter remitted to the Supreme...
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