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MATTER OF BOHRER v. BARCI

286 A.D.2d 455 (2001)

730 N.Y.S.2d 249

In the Matter of ROGER H. BOHRER, Petitioner, v. BARBARA P. BARCI et al., Respondents, and ELLEN B. PAGANO, Appellant.

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

Decided August 22, 2001.

Ordered that the order is reversed, on the law, without costs or disbursements, the motion is granted, and the proceeding is dismissed.

The Supreme Court erred in determining that the respondent Ellen B. Pagano failed to timely raise her claim that the petitioner did not comply with the filing requirements set forth in CPLR 304 (cf., Matter of Fry v Village of Tarrytown, 89 N.Y.2d 714). The motion to dismiss was timely and...

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