Ordered that the order is reversed, on the law, with costs, and the petition is denied.
Although raised for the first time on appeal, the appellants' contention that the petitioner's application was made beyond the one year, 90-day, time limit for the commencement of an action against them raises an issue of law that appears on the face of the record, the determination of which could not have been avoided if raised in the Supreme Court (see Olim Realty v Lanaj...
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