Ordered that the order and judgment is reversed, on the law, with costs, that branch of the appellant's cross motion which was pursuant to CPLR 3211 (a) (5) to dismiss the petition as time-barred is granted, and the proceeding is dismissed.
The petitioner commenced the instant proceeding pursuant to CPLR article 78 more than four months after the determination of the Appeals Board of the State of New York, Department of Motor Vehicles (hereinafter the Appeals Board...
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