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MATTER OF HARVEY v. NEW YORK STATE DEP'T OF ENVTL. CONSERVATION

235 A.D.2d 625 (1997)

651 N.Y.S.2d 720

In the Matter of Ronald S. Harvey, Respondent, v. New York State Department of Environmental Conservation et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 2, 1997

Casey, J.

The only issue in this appeal is whether the provisions of CPLR 2103 (b) (2) require that five days be added to the time within which a respondent in a CPLR article 78 proceeding must move to dismiss the petition if the motion papers are served by mail. We conclude that CPLR 2103 (b) (2) is inapplicable to the time period at issue in this case and, therefore, we reverse Supreme Court's order. CPLR 2103 (b) (2) is applicable "where a period of...

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