Ordered that the judgment is reversed, on the law, without costs or disbursements, the motion is granted, the petition is denied, and the proceeding is dismissed.
The filing of the order to show cause with the clerk of the Supreme Court on January 2, 1992, did not commence the instant proceeding (see, CPLR former 304). The proceeding was commenced by service of the order to show cause and petition upon the appellant in February 1992, more than four months after...
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