Ordered that the order is affirmed, with costs.
The defendants moved for summary judgment dismissing the complaint as time-barred contending that since the action should have been brought as a proceeding pursuant to CPLR article 78, a four-month limitations period applied (see CPLR 217). The Supreme Court, upon, in effect, converting the action to a CPLR article 78 proceeding, inter alia, determined that the statute of limitations was not a bar to such a proceeding...
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