The record shows that respondent served notice on petitioner at every step of these proceedings, and that, at the very latest, she received notice of the final administrative determination on January 28, 1998. Consequently, the commencement of this CPLR article 78 proceeding on or about June 28, 1998 was untimely. No explanation was afforded for the untimeliness. Moreover, the Supreme Court also erred in not permitting respondent to serve an answer upon denial of its motion...
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