Ordered that the order is reversed insofar as appealed from, as a matter of discretion, with costs, upon reargument, the order dated August 26, 1998, is vacated, the application is denied, the petition is denied, and the proceeding is dismissed.
Contrary to the appellant's contention, the petitioner's application was not time-barred under General Municipal Law § 50-i, the applicable Statute of Limitations (see, Matter of
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