Ordered that the order entered November 21, 2005 is reversed, on the law, with costs, that branch of the motion which was to vacate the order dated May 19, 2005 is granted, that branch of the motion which was, in the alternative, in effect, for reargument of the petition is denied as academic, and the order dated May 19, 2005 is vacated.
It is undisputed that the appellant was never served with the petition for leave to serve a late notice of claim, and became aware...
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